The International Undertaking and Genetic Resource Governance Patrick Mulvany ITDG RSPB, Chatham House Monday 8th October 2001 Patrick Mulvany ITDG RSPB, Chatham House Monday 8th October 2001

The International Undertaking and Genetic Resource Governance Farmers should be the primary interest group that participates in all negotiations Zimbabwean Farmers opened the International Seed Fair at CBD/COP V in Nairobi, May 2001 Farmers should be the primary interest group that participates in all negotiations Zimbabwean Farmers opened the International Seed Fair at CBD/COP V in Nairobi, May 2001

Agricultural Biodiversity and Genetic Resources for Food and Agriculture (GRFA) International Undertaking on Plant Genetic Resources Genetic Resource Governance Agricultural Biodiversity and Genetic Resources for Food and Agriculture (GRFA) International Undertaking on Plant Genetic Resources Genetic Resource Governance The International Undertaking and Genetic Resource Governance

COP V lobby Agricultural Biodiversity and GRFA

genetic resources, varieties, breeds and sub-species used for food and agriculture diversity of species that support production - soil biota, pollinators, predators &c species in the wider environment that support diverse agroecosystems - agricultural, pastoral, forest and aquatic ecosystems Developed by Farmers genetic resources, varieties, breeds and sub-species used for food and agriculture diversity of species that support production - soil biota, pollinators, predators &c species in the wider environment that support diverse agroecosystems - agricultural, pastoral, forest and aquatic ecosystems Developed by Farmers Agricultural Biodiversity and GRFA

Agricultural Biodiversity encompasses "the variety and variability of animals, plants and micro-organisms which are necessary to sustain key functions of the agroecosystem, its structure and processes for, and in support of, food production and food security" (FAO, 1999) Agricultural Biodiversity and GRFA

–Nairobi Final Act - revise IU –SBSTTA –Leipzig Global Plan of Action on PGRFA –COP3 –World Food Summit: Commitment 3 –FAO Workshops on Agricultural Biodiversity –Global Strategy for the Management of Farm Animal Genetic Resources –COPs 4,5 –PoW on Agricultural Biodiversity with FAO –Nairobi Final Act - revise IU –SBSTTA –Leipzig Global Plan of Action on PGRFA –COP3 –World Food Summit: Commitment 3 –FAO Workshops on Agricultural Biodiversity –Global Strategy for the Management of Farm Animal Genetic Resources –COPs 4,5 –PoW on Agricultural Biodiversity with FAO Agricultural Biodiversity and GRFA

International Undertaking on Plant Genetic Resources  Protect the rapidly eroding genetic resources which underpin global and local food security  Keep these genetic resources in the public domain and facilitate access  Ensure the implementation of Farmers’ Rights  Ensure farmers receive a reasonable share of the benefits from the commercial use of these resources  Protect the rapidly eroding genetic resources which underpin global and local food security  Keep these genetic resources in the public domain and facilitate access  Ensure the implementation of Farmers’ Rights  Ensure farmers receive a reasonable share of the benefits from the commercial use of these resources

International Undertaking CSO evaluation criteria  fair - a level playing field on access rules without any threat of privatisation and biopiracy… full implementation of Farmers’ Rights  equitable - provide reasonable benefits to poor farming communities in developing countries, commensurate with value of PGRFA, and  comprehensive - contain a full list of the crops and forages that are vital for food security and interdependence.  fair - a level playing field on access rules without any threat of privatisation and biopiracy… full implementation of Farmers’ Rights  equitable - provide reasonable benefits to poor farming communities in developing countries, commensurate with value of PGRFA, and  comprehensive - contain a full list of the crops and forages that are vital for food security and interdependence.

International Undertaking Who’ll Own the Seeds of Life

CSOs have kept up consistent pressure Press coverage Sign-on letters Briefing papers Web reports CSOs have kept up consistent pressure Press coverage Sign-on letters Briefing papers Web reports International Undertaking CSO Campaign on the IU

International Undertaking Outstanding Problems  the exclusion of the genetic resources covered by the IU from IPRs, keeping the resources in the public domain  the relationship between the IU and other international agreements, most notably the World Trade Organization (WTO) agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs)  the food crops, forages and their 'wild' relatives that are to be included in the IU  the exclusion of the genetic resources covered by the IU from IPRs, keeping the resources in the public domain  the relationship between the IU and other international agreements, most notably the World Trade Organization (WTO) agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs)  the food crops, forages and their 'wild' relatives that are to be included in the IU

FAOCBD WTO UPOV WIPO GEF IU INTERNATIONAL UNDERTAKING ON PLANT GENETIC RESOURCES [FOR FOOD AND AGRICULTURE] International Undertaking Central to Governance CGIAR

 GMOs and genetic pollution  GURTs especially Terminator technologies  Promoting WTO rules that reduce local options for sustaining diversity  Failing to implement a substantive review of WTO/TRIPs Article 27.3(b) on life patents  Tolerating widespread patent abuse and biopiracy  Concentration of Corporate Power  GMOs and genetic pollution  GURTs especially Terminator technologies  Promoting WTO rules that reduce local options for sustaining diversity  Failing to implement a substantive review of WTO/TRIPs Article 27.3(b) on life patents  Tolerating widespread patent abuse and biopiracy  Concentration of Corporate Power Perverse Policies Perverse Policies

Farmers are key to the management of the environment as well as providers of food security Genetic Resource Governance Farmers: providing food & stewardship of the environment

Farmers have concerns about access and control to the genetic resources they require for common good tasks: providing food and biological and ecological services Genetic Resource Governance Farmers: defending the global commons

Farmers have inalienable Rights to the resources, including seeds, they have developed, nurtured and manage on behalf of humanity Genetic Resource Governance Farmers Rights

Farmers’ Rights are a “fundamental pre- requisite to the conservation and sustainable utilisation of agricultural biodiversity” CSO Forum at World Food Summit, 1996 Jane Kiriamba Tharaka, Kenya Genetic Resource Governance Farmers Rights

Gikingo Seed Fair Kenya Genetic Resource Governance Farmers’ Solutions

Genetic Resource Governance 2001/2002 agenda Nov 2001 FAO Council and Conference & WFS+5 WTO Ministerial + New AoA? Dec 2001 WIPO Intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore April 2002 COP VI Sept 2002 WSSD, Johannesburg Nov 2001 FAO Council and Conference & WFS+5 WTO Ministerial + New AoA? Dec 2001 WIPO Intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore April 2002 COP VI Sept 2002 WSSD, Johannesburg

Genetic Resource Governance Final Thoughts Sovereignty and free flow of GRFA? Agricultural biodiversity development incompatible with private ownership? Can institutions recognise imperative of local farming communities contribution? Is governance of (agro)ecosystems THE issue - can this be mainstreamed? Sustainable Development themes: Cultural, Political, Sustainable Use Sovereignty and free flow of GRFA? Agricultural biodiversity development incompatible with private ownership? Can institutions recognise imperative of local farming communities contribution? Is governance of (agro)ecosystems THE issue - can this be mainstreamed? Sustainable Development themes: Cultural, Political, Sustainable Use

Presentation by Patrick Mulvany ITDG Presentation by Patrick Mulvany ITDG

Agricultural Biodiversity Agricultural Biodiversity comprises the diversity of genetic resources, varieties, breeds, sub-species and species of crops, livestock, forestry, fisheries and micro-organisms used for food, fodder, fibre, fuel and pharmaceuticals.

Agricultural Biodiversity Agricultural biodiversity results from the interaction between the environment, genetic resources and the management systems and practices used by culturally diverse peoples resulting in the different ways land and water resources are used for production.

AGROECOSYSTEMS GENETIC SPECIES Agricultural Biodiversity Levels of Diversity

SOCIALECONOMIC ANALYSIS OF ACTIVITIES ENVIRON- MENTAL CULTURAL POLITICAL SUSTAIN- ABLE USE OF NR The Alternative Civil Society Proposal for Sustainable Development (Ecuador Jan 2001)

SOCIALECONOMIC ENVIRON- MENTAL Conserve and develop agricultural biodiversity Diversify production systems & regenerate NR Sustain Agroecosystem Functions Improve productivity and food sovereignty Increase Income and Power Develop/control culturally appropriate technology Improve gender equity Strengthen institutional capacity PURPOSES OF LOCAL SUSTAINABLE AGROECOLOGICAL DEVELOPMENT SUSTAIN- ABLE USE OF NR CULTURAL POLITICAL