TOWARDS INDIGENOUS INTELLECTUAL PROPERTY RIGHTS?

In a world where free trade has become the official development buzzword, indigenous peoples are faced with enormous pressures to commercialise their traditional resources and knowledge, now that genetic resources have become the new building blocks of biotechnology. How can they gain control over the conservation and use of those resources in an legal environment essentially hostile to their cosmovision? Marcus Colchester, Director of the Forest Peoples Programme of the World Rainforest Movement, addresses some of these issues in the following article, prepared as a background paper for a brainstorming meeting on Community Rights and Biodiversity, hosted by GRAIN in Montezillon, Switzerland, 17-18 October 1994.

In a world where free trade has become the official development buzzword, indigenous peoples are faced with enormous pressures to commercialise their traditional resources and knowledge, now that genetic resources have become the new building blocks of biotechnology. How can they gain control over the conservation and use of those resources in an legal environment essentially hostile to their cosmovision? Marcus Colchester, Director of the Forest Peoples Programme of the World Rainforest Movement, addresses some of these issues in the following article, prepared as a background paper for a brainstorming meeting on Community Rights and Biodiversity, hosted by GRAIN in Montezillon, Switzerland, 17-18 October 1994.

THREATS FROM THE TEST TUBES

Whereas by now most industrialised countries have adopted regulations concerning the safe handling and use of genetically engineered organisms, most developing countries still lack any regulations in this field. This imbalance is already stimulating companies to test their biotechnology products in the South, rather than in the North. Faced with many examples of such testing, there is a clear need for a binding regulatory mechanism to rule the testing, release and trade of genetically modified organisms (GMOs). This article draws from a position paper prepared for the Second Session of the Intergovernmental Committee for the Convention on Biological Diversity by the CEAT (European Coordination Friends of the Earth) Clearinghouse on Biotechnology and GRAIN.

Whereas by now most industrialised countries have adopted regulations concerning the safe handling and use of genetically engineered organisms, most developing countries still lack any regulations in this field. This imbalance is already stimulating companies to test their biotechnology products in the South, rather than in the North. Faced with many examples of such testing, there is a clear need for a binding regulatory mechanism to rule the testing, release and trade of genetically modified organisms (GMOs). This article draws from a position paper prepared for the Second Session of the Intergovernmental Committee for the Convention on Biological Diversity by the CEAT (European Coordination Friends of the Earth) Clearinghouse on Biotechnology and GRAIN.

BRINGING FARMER & NON-FARMER BREEDERS TOGETHER

In January of 1993, after many months of exchanging ideas and proposals, a group of governmental and non-governmental organisations from Asia, Africa, the Americas and Europe decided to develop an ambitious programme to work on the conservation and development of genetic resources at the community level, under the name of Community Biodiversity Development and Conservation Programme (CBDC). This initiative, which received financial support from some major Northern donors, is now ready to take off for a four-year first phase. Camila Montecinos from CET (Centro de Educación y Tecnología, Chile), who functions as the global coordinator for this programme, explains the ideas behind this important initiative.

In January of 1993, after many months of exchanging ideas and proposals, a group of governmental and non-governmental organisations from Asia, Africa, the Americas and Europe decided to develop an ambitious programme to work on the conservation and development of genetic resources at the community level, under the name of Community Biodiversity Development and Conservation Programme (CBDC). This initiative, which received financial support from some major Northern donors, is now ready to take off for a four-year first phase. Camila Montecinos from CET (Centro de Educación y Tecnología, Chile), who functions as the global coordinator for this programme, explains the ideas behind this important initiative.

U.S. CONGRESS RESTRICTS FARMERS ' RIGHTS

As Seedling goes to press, the Clinton Administration is about to sign a bill amending the 1970 Plant Variety Protection Act. The bill, which just passed through Congress, will make it illegal for American farmers to save and sell seeds from proprietary crop varieties without permission from breeders and the payment of a royalty. It is also the precondition for the US to ratify the new UPOV Convention, as revised in 1991. Industry 's ruthless campaign against farmers ' rights to freely save seed in the United States, and the tough struggle NGOs and farming families are caught in to defend diversity in the American seed economy, is best exemplified by the now-famous “Winterboer case”. We asked Ms. Hope Shand of RAFI (Rural Advancement Foundation International) to report on these battles from home. RAFI has been working vigorously to defend farmers ' rights in the US in concert with farmers ' organisations, grassroots seed saving programmes and environmental groups.

As Seedling goes to press, the Clinton Administration is about to sign a bill amending the 1970 Plant Variety Protection Act. The bill, which just passed through Congress, will make it illegal for American farmers to save and sell seeds from proprietary crop varieties without permission from breeders and the payment of a royalty. It is also the precondition for the US to ratify the new UPOV Convention, as revised in 1991. Industry 's ruthless campaign against farmers ' rights to freely save seed in the United States, and the tough struggle NGOs and farming families are caught in to defend diversity in the American seed economy, is best exemplified by the now-famous “Winterboer case”. We asked Ms. Hope Shand of RAFI (Rural Advancement Foundation International) to report on these battles from home. RAFI has been working vigorously to defend farmers ' rights in the US in concert with farmers ' organisations, grassroots seed saving programmes and environmental groups.

REVIVING DIVERSITY IN INDIA'S AGRICULTURE

As in other parts of the world, India 's agricultural genetic heritage is under seige. The push to “modernise” and “industrialise” India 's rural landscape has already taken a heavy toll on plant and animal diversity. In fact, the worse might be yet to come. Yet community organisations, independent farmers and NGOs are struggling at the local level to document, conserve and revive biodiversity in innovative farming systems throughout the vast country. Mr. Ashish Kothari of Kalpavrish, an environmental action group based in Delhi, kindly prepared an overview of what is going on for Seedling readers.

As in other parts of the world, India 's agricultural genetic heritage is under seige. The push to “modernise” and “industrialise” India 's rural landscape has already taken a heavy toll on plant and animal diversity. In fact, the worse might be yet to come. Yet community organisations, independent farmers and NGOs are struggling at the local level to document, conserve and revive biodiversity in innovative farming systems throughout the vast country. Mr. Ashish Kothari of Kalpavrish, an environmental action group based in Delhi, kindly prepared an overview of what is going on for Seedling readers.

RECOVERING LOCAL MAIZE IN BRAZIL

The loss of genetic diversity in food crops is a serious threat to agricultural development. In Brazil, a group composed of local associations and farmers ' organisations — supported by NGOs of the PTA (Alternative Technologies Project) network and researchers from EMBRAPA (Brazilian Institute for Agricultural Research) — is working to develop farmers ' self-sufficiency in good quality maize seed, based on the conservation and use of local maize varieties. To date, the experience is showing that farmers can get equally good yields from locally-controlled maize varieties, debunking the myth about the superiority of hybrids. But the effort is threatened by new Brazilian legislation on patenting life. Angela Cordeiro and Breno de Mello, both involved in the programme, wrote this article for the first issue of Biodiversidad: Cultivos y Culturas, a new Latin American magazine co-published by REDES (Friends of the Earth Uruguay) and GRAIN.

The loss of genetic diversity in food crops is a serious threat to agricultural development. In Brazil, a group composed of local associations and farmers ' organisations — supported by NGOs of the PTA (Alternative Technologies Project) network and researchers from EMBRAPA (Brazilian Institute for Agricultural Research) — is working to develop farmers ' self-sufficiency in good quality maize seed, based on the conservation and use of local maize varieties. To date, the experience is showing that farmers can get equally good yields from locally-controlled maize varieties, debunking the myth about the superiority of hybrids. But the effort is threatened by new Brazilian legislation on patenting life. Angela Cordeiro and Breno de Mello, both involved in the programme, wrote this article for the first issue of Biodiversidad: Cultivos y Culturas, a new Latin American magazine co-published by REDES (Friends of the Earth Uruguay) and GRAIN.

TOWARDS A WORLD GENE BANK?

Last month in Nairobi, governments gathered to discuss how to move forward on the Convention on Biological Diversity. To their surprise, a new issue was forced on to their agenda: news of a World Bank “coup” on the international crop germplasm collections held by the International Agricultural Research Centres of the CGIAR. NGOs present in Nairobi reported that the World Bank was intent on blocking a new agreement between the CG and the UN Food and Agriculture Organisation (FAO) which would finally grant some legal status — “trusteeship” — to the currently unprotected and vulnerable collections. The governments rebuffed the Bank 's initiative and endorsed signature of the agreement as soon as possible. This article gives the story, but also dives into the core of the matter: how well are those collections currently managed? We wish to thank Pat Mooney of RAFI for providing some of the materials for this article.

Last month in Nairobi, governments gathered to discuss how to move forward on the Convention on Biological Diversity. To their surprise, a new issue was forced on to their agenda: news of a World Bank “coup” on the international crop germplasm collections held by the International Agricultural Research Centres of the CGIAR. NGOs present in Nairobi reported that the World Bank was intent on blocking a new agreement between the CG and the UN Food and Agriculture Organisation (FAO) which would finally grant some legal status — “trusteeship” — to the currently unprotected and vulnerable collections. The governments rebuffed the Bank 's initiative and endorsed signature of the agreement as soon as possible. This article gives the story, but also dives into the core of the matter: how well are those collections currently managed? We wish to thank Pat Mooney of RAFI for providing some of the materials for this article.

A SYSTEM IN CRISIS

Many people may not realise that behind the increases in food production — and all its accompanying environmental and socio-economic problems — achieved in many areas of the world over the past thirty years, lies a “system”. The “system” is a rather invisible network of international scientific research institutes, supported and controlled by its financial donors in the North. Thirty years after the launch of the Green Revolution, the “system” which was ostensibly set up to “feed the world” is mired in a deep and decisive crisis. One for which all minds need to be tapped to find a creative and bold solution.

Many people may not realise that behind the increases in food production — and all its accompanying environmental and socio-economic problems — achieved in many areas of the world over the past thirty years, lies a “system”. The “system” is a rather invisible network of international scientific research institutes, supported and controlled by its financial donors in the North. Thirty years after the launch of the Green Revolution, the “system” which was ostensibly set up to “feed the world” is mired in a deep and decisive crisis. One for which all minds need to be tapped to find a creative and bold solution.

THE NEED FOR ANOTHER RESEARCH PARADIGM

International and national agricultural research is entrenched in a culture of top-down and often insensitive approaches to realities on the farm. This article by Dr. Michel Pimbert highlights the mismatch between the transfer of technology model of agricultural research and the needs and livelihood strategies of the poor. Michel is an agricultural ecologist and has conducted much research on biological pest control. He spent four years working at ICRISAT where his people-centred approach to research clashed against the internal norms of Green Revolution science. As Michel sees it, the professional challenge of the 1990s is to develop innovation systems and sustainable agricultures that support decentralisation, diversity and democracy rather than centralisation, uniformity and control.

International and national agricultural research is entrenched in a culture of top-down and often insensitive approaches to realities on the farm. This article by Dr. Michel Pimbert highlights the mismatch between the transfer of technology model of agricultural research and the needs and livelihood strategies of the poor. Michel is an agricultural ecologist and has conducted much research on biological pest control. He spent four years working at ICRISAT where his people-centred approach to research clashed against the internal norms of Green Revolution science. As Michel sees it, the professional challenge of the 1990s is to develop innovation systems and sustainable agricultures that support decentralisation, diversity and democracy rather than centralisation, uniformity and control.

A UNIVERSITY SEED PROGRAMME FOR SUSTAINABLE AG

Universities are a vital national resource in training, research and extension for agricultural development, North and South. Many of them, however, are geared toward reinforcing conventional, high-input chemical-based farming methods and a reductionist agenda of narrowly-defined productivity gains and technology transfer. Most of them are also becoming marginalised due to government budget cuts and the increasing role of the private sector. Despite the dominant culture, some institutions are susceptible to change and can be helped to change when advocates of pro-farmer, sustainable agriculture join forces. The University of the Philippines offers an example of this. Dr. Pam Fernandez and her colleagues at the Department of Agronomy in UP 's Los Baños campus are struggling to make the University an active proponent of sustainable agriculture for resource-poor farmers of Southeast Asia. As Dr. Fernandez spells out for Seedling readers, this requires a small revolution in mentalities — a revolution that has to germinate at home.

Universities are a vital national resource in training, research and extension for agricultural development, North and South. Many of them, however, are geared toward reinforcing conventional, high-input chemical-based farming methods and a reductionist agenda of narrowly-defined productivity gains and technology transfer. Most of them are also becoming marginalised due to government budget cuts and the increasing role of the private sector. Despite the dominant culture, some institutions are susceptible to change and can be helped to change when advocates of pro-farmer, sustainable agriculture join forces. The University of the Philippines offers an example of this. Dr. Pam Fernandez and her colleagues at the Department of Agronomy in UP 's Los Baños campus are struggling to make the University an active proponent of sustainable agriculture for resource-poor farmers of Southeast Asia. As Dr. Fernandez spells out for Seedling readers, this requires a small revolution in mentalities — a revolution that has to germinate at home.

ANIMAL ALARM

The UN 's Food and Agriculture Organisation, FAO, has released a new and important alarm. Not only is the vital diversity of our crops and forests succumbing to erosion under the guise of “development” programmes, but one-third of the 4,000 or so breeds of animals used worldwide for food and farming are dangerously flirting with extinction. The issues surrounding animal genetic resources parallel in many ways the problems that have been plaguing plant genetic resources. However, we know a lot less about it. Animals — domesticated and wild — are extremely important components of people 's livelihoods systems. In this article we give a background overview of the status of animal genetic diversity and resource use, and what is being done to safeguard and improve the benefits people can derive through the riches of the animal world.

The UN 's Food and Agriculture Organisation, FAO, has released a new and important alarm. Not only is the vital diversity of our crops and forests succumbing to erosion under the guise of “development” programmes, but one-third of the 4,000 or so breeds of animals used worldwide for food and farming are dangerously flirting with extinction. The issues surrounding animal genetic resources parallel in many ways the problems that have been plaguing plant genetic resources. However, we know a lot less about it. Animals — domesticated and wild — are extremely important components of people 's livelihoods systems. In this article we give a background overview of the status of animal genetic diversity and resource use, and what is being done to safeguard and improve the benefits people can derive through the riches of the animal world.

The need for sui generis rights

From the moment the GATT negotiations were concluded last December, NGOs and people 's organisations began trying to assess what space was available to promote positive rights for farmers and local communities engaged in the conservation, development and use of biodiversity, and the indigenous knowledge associated with it. While the Biodiversity Convention — which entered into force two weeks after GATT was signed — engages governments to take new action to protect biodiversity, recognising the role of local communities, that action still has to be thought out. More decisively, the GATT treaty obliges governments to provide for intellectual property rights on plants, be it in the form of patents, breeders ' rights or an “effective sui generis system”. As Dr. Vandana Shiva, the well-known Indian writer and activist, sees it, we have to use the sui generis option to test our governments ' commitments to biodiversity and the farming community, and to evolve novel legislation that deliberately recognises and protects community rights over biological resources and indigenous knowledge.

From the moment the GATT negotiations were concluded last December, NGOs and people 's organisations began trying to assess what space was available to promote positive rights for farmers and local communities engaged in the conservation, development and use of biodiversity, and the indigenous knowledge associated with it. While the Biodiversity Convention — which entered into force two weeks after GATT was signed — engages governments to take new action to protect biodiversity, recognising the role of local communities, that action still has to be thought out. More decisively, the GATT treaty obliges governments to provide for intellectual property rights on plants, be it in the form of patents, breeders ' rights or an “effective sui generis system”. As Dr. Vandana Shiva, the well-known Indian writer and activist, sees it, we have to use the sui generis option to test our governments ' commitments to biodiversity and the farming community, and to evolve novel legislation that deliberately recognises and protects community rights over biological resources and indigenous knowledge.

THE 'TRIALS' OF A MALARIA VACCINE

For millions of people in the Third World, the dream of an effective vaccine against malaria might be coming true. The story behind this dream, however, can be described as a veritable nightmare. The vaccine was developed by Manuel Patarroyo, a Colombian scientist, in the 1980s and has since met every thread of economic and political resistance from the mighty drug industry and medical community — not to mention some development agencies — of the so-called First World. As the final trials are now under way in Africa, we asked Luis Angel Fernandez, a Barcelona-based journalist who has been following the story for years, to put Patarroyo 's nightmare on paper. The hard line played by the scientific and industrial circles of the North against the work of this determined Colombian researcher is an illuminating — and terrifying — example of “profits before people 's health”.

For millions of people in the Third World, the dream of an effective vaccine against malaria might be coming true. The story behind this dream, however, can be described as a veritable nightmare. The vaccine was developed by Manuel Patarroyo, a Colombian scientist, in the 1980s and has since met every thread of economic and political resistance from the mighty drug industry and medical community — not to mention some development agencies — of the so-called First World. As the final trials are now under way in Africa, we asked Luis Angel Fernandez, a Barcelona-based journalist who has been following the story for years, to put Patarroyo 's nightmare on paper. The hard line played by the scientific and industrial circles of the North against the work of this determined Colombian researcher is an illuminating — and terrifying — example of “profits before people 's health”.

PACKAGING AN AG BIODIVERSITY PLAN

Since the late 1970s, the member states of the UN 's Food and Agriculture Organisation have pioneered a global initiative to set up a more equitable system for the conservation and use of plant genetic resources. By the late 1980s, FAO 's work in this area was eclipsed by growing popular attention to biological diversity at large, and the political heat around the negotiations of the Convention on Biodiversity. While FAO maintains its historic foot in the crop scene, the Biodiversity Convention establishes new rules for all forms of genetic resources. To avoid overlap and promote a solid programme for biodiversity specifically important to food and agriculture, a new relation between FAO 's work and the Convention are necessary.

Since the late 1970s, the member states of the UN 's Food and Agriculture Organisation have pioneered a global initiative to set up a more equitable system for the conservation and use of plant genetic resources. By the late 1980s, FAO 's work in this area was eclipsed by growing popular attention to biological diversity at large, and the political heat around the negotiations of the Convention on Biodiversity. While FAO maintains its historic foot in the crop scene, the Biodiversity Convention establishes new rules for all forms of genetic resources. To avoid overlap and promote a solid programme for biodiversity specifically important to food and agriculture, a new relation between FAO 's work and the Convention are necessary.