BACKGROUND NOTE FROM GRAIN
Next week (25-30 June 2001), some 160 governments will be locked in final negotiations on the "International Undertaking on Plant Genetic Resources for Food and Agriculture" at FAO headquarters in Rome. The Undertaking is supposed to set up a multilateral system of access to the genetic diversity of our basic food crops. The talks have bogged down the past years over crucial issues like intellectual property rights (IPRs) and benefit-sharing. Whether an agreement will be reached at all will have important repercussions on farming and food security worldwide, especially in developing countries.
Farmers' movements and NGOs are pressuring governments
to finalise a treaty that will allow genetic resources to
circulate free from IPRs and other monopoly constraints.
The seed industry, however, has intensified its lobby work
to secure the exact opposite: that intellectual property
restrictions serve as the framework for all exchanges of
germplasm and benefits -- or no deal. (See ASSINSEL's
"Motion on the Revision of the International Undertaking",
adopted by its General Assembly on 31 May 2001, at
http://www.worldseed.org/IUmotione.htm.
)
Below is a civil society briefing paper on the negotiations,
followed by an open letter to the meeting from Via
Campesina. If you share these concerns, you can add your
signature to a letter that will be presented to the
negotiators in Rome on 25 June. The letter is on the
Internet at
http://www.ukabc.org/iu3b.htm#3.
Please indicate
your name, organisation and country to Patrick Mulvaney at
ITDG (patrickm(at)itdg.org.uk) urgently.
Daily
reports from the negotiating room will be issued next week
by UK ABC and IISD. You can visit
http://www.ukabc.org/iu2.htm
and
http://www.iisd.ca/biodiv/iucg6/
to follow the
developments.
Thank you.
GRAIN
BIO-IPR docserver
TITLE:
Global Seed Treaty Threatened: A Treaty to Save the World's
Seeds for the Benefit of All May Fall at the Last Hurdle
EDITORS: Patrick Mulvany and Don Redding, ITDG PUBLICATION:
A CSO briefing paper DATE: June 2001 SOURCE: Intermediate
Technology Development Group, UK URL:
http://www.ukabc.org/iu3b.htm#4
GLOBAL SEED TREATY THREATENED
A TREATY TO SAVE THE WORLD'S SEEDS FOR THE BENEFIT OF ALL MAY FALL AT THE LAST HURDLE
CSO Briefing paper on the IU Edited by Patrick Mulvany and Don Redding (ITDG) June 2001
THE PROMISE
At the end of June, the World's governments will meet in FAO Rome to conclude negotiations on a legally-binding agreement that will govern the use of the crop seed varieties and genetic resources which underpin global and local food security. It is urgently required because of the rapid loss of these varieties -- more than 75% in the past century -- and because of the increasing use of intellectual property rights to claim sole ownership over crop seeds and their genes, which is restricting farmers? access.
This agreement is called the International Undertaking on Plant Genetic Resources for Food and Agriculture, or IU for short. It covers many of the major food crops in the world. It aims to ensure the conservation, sustainable use and ?free flow? of the genetic resources of these crops so that they are "preserved? and freely available for use, for the benefit of present and future generations". It recognises Farmers' Rights to access and use seeds.
It also ensures that when these genetic resources are used commercially by industrialised countries for plant breeding or food, farmers in developing countries receive a fair share of the profits generated, in return for their contribution to the crops? development.
THE NEED
For centuries, farmers have developed crop varieties within their diversified agricultural systems - varieties to suit every possible social, economic and environmental requirement. This has been achieved through the free exchange of seeds between farmers who, by planting them in different conditions thereby generate greater diversity. Under challenging conditions, this diversity provides greater food security by spreading risk through the use of many different varieties. The food security of two thirds of humanity is still based on these traditional agricultural technologies and seed exchanges rather than industrial agriculture.
Furthermore, the hundreds of thousands of local varieties of the main food crops developed by these farmers constitute an invaluable part of the world?s agricultural biodiversity, which the international community has pledged to protect. Under the Convention on Biological Diversity it is recognised that this conservation must be an active process of sustainable use by farmers in their fields in other words, farmers are the custodians of this vital source of food and ecological security and manage this on behalf of us all.
At present, the IU only covers 30 food crops. It should cover all those food crops that are important for food security -- some 100 or more crops.
THE PROBLEMS
Two substantial problems arise.
First, 'Biopiracy? is rife. Intellectual Property Rights regimes create private ownership rights which remove locally adapted varieties from communal ownership and exchange, threatening future development of these varieties. Universities and corporations are claiming unjustifiable intellectual property rights on them, and industry is now seeking to extend the IPR system as far as it can to seize control of the genes contained in these varieties.
The commercial seed industry held its World Seed Congress in South Africa in May 2001 and, under pressure from the Canadian and US governments, has hardened its attitude against the IU, reneging on its support for "commercial benefit sharing" -- that is, paying back a little of the profits it makes from the genetic resources into a system which helps conserve them.
Civil Society Organisations (CSOs) regard this as unacceptable and urge countries to stand firm in their demand that those who benefit from the commercial use of genetic resources should pay. These negotiations are meaningless if there are no tangible benefits to farmers in developing countries, who are guardians of these resources.
Second, some Latin American countries are failing to recognise the essential need for a multilateral agreement to cover the complex international composition and origin of most crop plants' genes, which know no national boundaries. These countries prefer to cling on to bilateral deals between countries despite the fact that the stronger always wins. CSOs see no benefit for the world's farmers and consumers in bilateral agreements and criticise those who are destroying the agreement for the unrealisable dream of potential national gain. The views of these countries fly in the face of nearly 10 years of international debate that has recognised the distinctive nature of these crop genetic resources requiring different, multilateral treatment because of their complex cross-boundary nature.
PRICE OF FAILURE
US pressure on the seed industry is part of a concerted attempt to stall or dilute the IU negotiations. These have come close to collapse since November 2000, with the US and its allies repeatedly trying to re-open negotiations in areas which are already agreed by a majority of countries.
If the IU is not achieved there will be serious consequences for:
* farmers? livelihoods * conservation of agricultural biodiversity * food security * the future of public gene banks * and the implementation of the 20 point Leipzig Global Plan of Action that would deliver benefits especially to developing countries for the conservation and development of plant genetic resources for food and agriculture (PGRFA) -- the crop seed varieties and genetic resources which underpin global food security.
Failure would result in paralysis of the free flow of genetic resources for food and agriculture, as they become increasingly privatised and controlled by the private sector. By privatising, access and use are inhibited, which stops the free flow of crop genetic resources that are the very basis of their evolution.
THE OPPORTUNITY
The IU will provide the mechanism for benefits to be shared with farmers. It will also keep these vital resources in the public domain -- free from privatisation and dominant commercial control. This includes the half a million samples of crops and forage species taken from farmers and already held in trust in international genebanks by the Consultative Group on International Agricultural Research centres as well as the many hundreds of thousands of varieties in national collections and farmers fields.
The International Undertaking on plant genetic resources (IU) will be legally binding. It will be governed under the auspices of the Food and Agriculture Organization (FAO) in harmony with the Convention on Biological Diversity (CBD). All countries will have the right to participate in its governance together with Civil Society.
Furthermore, the IU has the potential to be a prime example of responsible global governance, ensuring that those genetic resources which underpin social needs are maintained in the public domain. This agricultural biodiversity is our ?life insurance? against future adversity be it from climate change, war, industrial developments or ecosystem collapse. As these threats grow, so does the need to maintain the free flow of seeds and thereby the agricultural biodiversity on which we will be even more dependant on in times of instability.
Thus, if agreed, the IU should:
* assure food security in the long term * recognise the enormous contribution that farmers all over the world have made to the conservation and development of plant genetic resources for food and agriculture (PGRFA) and implement Farmers' Rights, * ensure the continuity of their work in the future, through returning a fair share of the benefits from the commercial use of PGRFA for plant breeding and food is returned to developing countries, who provide the capital base for food security * give traditional farmers' knowledge the same status as scientific plant breeding * include the distinctive requirements of PGRFA in the Convention on Biological Diversity * conserve the enormous but rapidly decreasing diversity of PGRFA developed by farmers over centuries * keep PGRFA in the Public Domain.
OUR DEMANDS
CSOs insist governments should achieve a just, equitable and effective IU that facilitates universal access to the genetic resources essential for food and agriculture.
* We will not accept an agreement in which seeds are privatised; * It should include all the major crops essential for food security * The agreement should include a fair sharing of benefits from the commercial use of PGRFA and programmes for PGRFA Conservation in order to preserve the resourcebase of our food * We want greater recognition of farmers' contributions and improved benefits through, for example, reopening Article 9 on Farmers? Rights and commending the issue to the Right to Food negotiations at the UN High Commission on Human Rights
MAKE OR BREAK MEETING
From 25 to 30 June, 160 governments
will be locked in final negotiations in the headquarters of
the Food and Agriculture Organisation of the United Nations
(FAO) in Rome, Italy. CSOs observing these proceedings will
be reporting regularly on Governments' performance (see
http://www.ukabc.org
).
Failure is unacceptable and irresponsible -- present and future generations will be affected by the outcome.
For further information contact:
Patrick Mulvany Food Security Policy
Adviser, ITDG Tel: (44-1788) 66 11 69 Fax: (44-870) 127 54
20 Email: patrickm(at)itdg.org.uk URL:
http://www.ukabc.org/
BIO-IPR docserver
TITLE: Via Campesina Calls Governments to Protect Plant Genetic Resources Against Corporate Greed. No to IPRs on Life Forms. PUBLICATION: Open Letter to the Commission on Plant Genetic Resources for Food and Agriculture AUTHORS: Rafael Alegria and Prof Nanjundaswamy for Via Campesina DATE: 19 June 2001 NOTE: Via Campesina's position paper on biodiversity, biosafety and genetic resources was circulated on BIO-IPR on 24 April 2001 and is not reproduced here.
Via Campesina Open Letter
VIA CAMPESINA CALLS GOVERNMENTS TO PROTECT PLANT GENETIC RESOURCES AGAINST CORPORATE GREED.
NO TO INTELLECTUAL PROPERTY RIGHT?S ON LIFE FORMS.
For: the Commission on Genetic Resources for Food and Agriculture of the FAO (CGRFA) negotiating on the International Undertaking on Plant Genetic Resources for Food and Agriculture Subj.: Position and call of Via Campesina to the meeting of the CGRFA in Rome, Italy (June 2001) Date: 19th of June 2001. Annex: Via Campesina position on biodiversity, biosafety and genetic resources
Dear Sir, Madam,
After the meeting of the Contact group in April this year Via Campesina is still very concerned about the negotiation process. In this letter we would like to ask your attention for the following points:
1) NO IPR?S ON PLANT GENETIC RESOURCES AND OTHER LIFE FORMS
Via Campesina considers the administration of the world?s plant genetic resources as a crucial issue on which no bargains can be made: all plant genetic resources have to be seen as part of the Earth's gene pool that have to be considered as a global commons to be jointly shared by all peoples.
IPR?s can under no condition be accepted. This condition is seriously eroded by additions such as "in the form received" (art 12.3d of the text). This International Undertaking on Plant Genetic Resources has to define clearly as a basic condition that IPR?s on plant genetic resources are not allowed.
2) THE ISSUE OF ACCESS TO GENETIC RESOURCES
A negotiation is taking place on a list of crops that would fall under the multilateral framework.
At the moment around 30 crops are on this list. Although some consider this as a step in the right direction, Via Campesina thinks this position is unacceptable as it means that all other crops do not fall under the framework (varieties for food production but also for medical or other products) and leaves them in the current situation without protection against IPR?s.
3) THE ISSUE OF BENEFIT SHARING
Via Campesina wants to reiterate its position as we have stated in our letter of 24-4-2001: We cannot accept IPR?s as a mechanism to redistribute the benefits derived from plant genetic resources.
Instead of creating mechanisms that give industry the possibilities to control these resources in order to commandeer the major part of these benefits, policies have to be defined that support and develop agriculture and food production with due respect to and recognition of the rights of the communities in such a way that people can benefit equally in the fruits of these resources. The International Undertaking has to protect plant genetic resources in order to keep such policies possible.
4) THE ISSUE OF FARMERS? RIGHTS
We want to reiterate our position that these rights go beyond the legal frameworks for intellectual property. They are accepted by the governments and peoples of the world through FAO Resolution 5-89, International Labour Organisation Convention 169, Clause 8-J of the Biodiversity Convention, and Point 14.60 of Agenda 21, signed by the heads of state of almost all the countries of the world. The current proposed text on Farmers Rights has not improved and remains a retrograde step compared to those other agreements, and a bleak lip service to what these rights entail.
5) THE RESPONSIBILITY OF THE GOVERNMENTS INVOLVED IN THE NEGOTIATING PROCESS AND THE ROLE OF INDUSTRY
It has become clear that some governments in response to the interests of industry, especially the seed industry, try to obstruct the negotiations in order to avoid a decision on a multi-lateral juridical framework. Via Campesina thinks that this behaviour is unresponsible and unacceptable seen the important issues at stake.
ASSINSEL, world?s leading seed trade association, has adopted a statement in which it states that it "does not support the current IU text" and puts forward a number of demands that totally undermine it. Some governments who have in the past already blocked any progress on the IU negotiations because they do not want to find themselves to a multilateral sanctioned treaty, are now using the ASSINSEL positions to put forward further objections.
Via Campesina calls upon all governments to negotiate an International Undertaking that will give a juridical base to the protection of plant genetic resources against corporate interests, that will avoid that these resources will be turned into a mere source of profits for industry and that will guarantee free access to these resources as well as their sustainable use by farmers in food and agricultural production based on local resources.
Yours sincerely,
For Via Campesina Rafael Alegria and Prof Nanjundaswamy
Via
Campesina Secretaria Operativa/Operative Secretariat Apdo
Postal 3628 - Tegucigalpa - MDC Honduras - C.A. Tel/Fax:
(504) 235 99 15 Email: viacam(at)gbm.hn Web:
http://ns.rds.org.hn/via/