SEARICE welcomes the initiative of the Commission to draft a Multi-Year Programme of Work (MYPOW) that will strengthen the Commission's capacity to act effectively within its statutes. The MYPOW will make it possible for the Commission to advise the FAO on the activities on genetic resources and biodiversity for food and agriculture, as well as facilitate the cooperation with the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and the Convention on Biological Diversity (CBD), especially on the programme of work on agricultural biodiversity.
SEARICE forwards its inputs for consideration on relevant issues in developing the MYPOW:
I. STRENGTHENING OF INFORMAL SEED SYSTEMS AND FARMERS' RIGHTS
SEARICE welcomes the interventions and recommendations from BHUTAN and INDIA regarding appropriate recognition, further consideration and strengthening of the informal and farmer seed systems, farmer-led plant breeding and community-based plant genetic resources conservation and development initiatives:
1. We similarly re-emphasize the need, and recommend FULL RECOGNITION and STRENGTHENING of INFORMAL SEED SYSTEMS under the Global Plan of Action (on plant genetic resources for food and agriculture). Strengthening of the informal seed system can be achieved through a number of ways, which may include:
a. supporting and recognizing Farmers' Rights in practice through community-based efforts and initiatives by farmers, local communities and indigenous peoples in the conservation and sustainable use of plant genetic resources
b. recognizing the distinctiveness of informal seed systems that exist in varying social and cultural environments, and maintaining the fluidity and dynamic feature that characterizes informal seed systems which is crucial in ensuring the sustainable use of plant genetic resources for food and agriculture
2. Informal seed systems are not fully recognized in the drafting of seed policies whether in the national or international levels, when such systems are in fact very significant not only in the seed and food security of different communities, but highly crucial in the in situ conservation and sustainable utilization of plant genetic resources by farmers in developing countries. Farmers have, since time immemorial, treated all plant genetic resources as raw materials for selection and breeding in their farm activities, and for further development of plant genetic diversity in the farm. Informal seed systems thus provide a process of conservation and sustainable use of seed materials by farmers which is continuous, progressive, proactive and dynamic.
3. An assessment study of the effects and impacts of formal seed policies on informal seed systems and farmer-led processes of conservation and sustainable utilization of plant genetic resources may prove helpful in assessing the needs of informal seed systems.
4. Experiences in our work in the Philippines, Vietnam, Thailand, Lao PDR, and Bhutan have showed that farmers have the capacity to develop farmers' varieties in different agro-ecosystems, including prime irrigated and market oriented areas which actually promote conservation of plant genetic resources through their sustainable utilization on farm. These developments should be recognized in developing mechanisms for strengthening informal seed systems.
II. ON THE DRAFT CODE OF CONDUCT ON BIOTECHNOLOGY
SEARICE recognizes the need for a more thorough and further study and discussion on the matter of the draft Code of Conduct but also expresses the urgency of a Code of Conduct to address potential impacts of modern biotechnology. In addition, SEARICE raises the following concerns and gaps on the draft Code of Conduct which the Commission should similarly address:
1. On the aspect of conservation of genetic resources for food and agriculture, the Commission should recommend the FAO to widen the scope of the code of conduct to include animal, aquatic, forestry and micro-organisms/invertebrate genetic resources, in anticipation of the need to address similar concerns in equally important sectors.
2. The Commission should consider existing efforts in other international fora in the draft Code of Conduct, especially on the matter of Genetic Use Restriction Technologies (GURTs). In this regard, the Commission should advise FAO to consider the following documents insofar as they are relevant in the draft Code of Conduct:
a. To regard GURTs as limiting the rights of farmers to save, re-use, sell and exchange seeds, as stated in Decision VI/5 of the Conference of the Parties.
b. Under Decision VIII/23 of the Conference of the Parties to the CBD, parties, other governments, relevant organizations and stakeholders are encouraged to respect traditional knowledge and Farmers' Rights to the conservation of seeds.
c. The Governing Body of the ITPGRFA has the mandate to examine, within the context of its work, priorities and available resources, the potential impacts of GURTs with special consideration to the impacts on indigenous peoples and local communities and associated traditional knowledge, smallholder farmers and breeders and Farmers' Rights.
3. The Commission, in the development of the Code of Conduct, should further take into consideration and precaution that modern biotechnology will limit the capacity of farmers to innovate, and would widen the gap between formal and non-formal innovations. The Commission should thus take steps to address the special needs of farmers and farming communities.
4. Studies on the potential impacts of existing and new agricultural technologies and the promotion of methods of sustainable agriculture that employ management practices, technologies and policies that mitigate the potential negative impacts of these existing and new agricultural technologies on agricultural diversity, with particular focus on the needs of farmers, indigenous peoples and local communities, should be conducted.
5. The Commission should address the concern on transgene flow in centers of diversity and origin of plant genetic resources, especially in developing countries which lack the capacity and resources to monitor and prevent potential transgene flow and contamination to their agro-ecosystems.
6. The Commission should similarly provide for a liability regime that will specifically address this concern on transgene flow and potential contamination. A possible mechanism is the creation of an environmental guarantee fund to mitigate and address immediate and even long term potential negative impacts of transgenes on the food system, the environment, and plant diversity.
7. The Commission should also consider that innovations arising from the use of genetic resources should not be subjected to intellectual property rights to ensure access to new technologies that are appropriate and responsive to the needs of small farming communities and indigenous peoples.
III. ON THE GUIDING PRINCIPLES TO ADDRESS POSSIBILITY OF UNINTENTIONAL PRESENCE OF TRANSGENES IN EX SITU COLLECTIONS
SEARICE supports the development of the Guiding Principles for the Development of CGIAR Centers' Policies to Address the Possibility of Unintentional Presence of Transgenes in Ex Situ Collections, but urges the Commission to compel the CGIAR to:
1. Conduct periodic report and assessment on the implementation of the Principles to focus on gaps and opportunities which may be identified in the implementation to further develop said Principles, which can also be considered and adopted in the draft Code of Conduct on Biotechnology as it relates to Plant Genetic Resources (PGR).
2. Ensure the conformity of CGIAR's gene bank management practices to these principles through the amendment of protocols that are not compliant to the Principles, and/or the establishment of new protocols in line with the policies of the Guiding Principles.
3. Institutionalize the conduct of periodic assessment on the possible contamination of collections from transgenes and provide immediate action to mitigate possible impacts to other accession.
SEARICE commends the effort of the Commission in providing avenue to discuss farmers and indigenous peoples' concern in the development of the CGIAR Guiding Principles to ensure the protection and integrity of indigenous peoples' and farmers' seed systems.
SEARICE however emphasizes that farmers, local communities and indigenous peoples are also involved in IN SITU COLLECTIONS through COMMUNITY GENEBANKS. In this regard, the Commission should recognize these initiatives by farmers and consequently similarly address the special needs of farmers regarding potential unintentional presence of transgenes in in situ collections.
ON THE DRAFT INTERLAKEN DECLARATION ON ANIMAL GENETIC RESOURCES FOR FOOD AND AGRICULTURE
SEARICE expresses its concern on the draft Interlaken Declaration on Animal Geentic Resources for Food and Agriculture.
SEARICE joins the interventions from civil society organizations in expressing the concern regarding the last sentence of paragraph 12 of the draft Interlaken Declaration which has serious implications on the issue of intellectual property and animal genetic resources. Said paragraph 12 creates an imbalanced text in the declaration that may be subjected to misinterpretation as to require countries to grant patents on animals thereby discounting the flexibility under the TRIPS Agreement to exclude animals from patentability.
In this regard, SEARICE supports the deletion of this statement,as this is not necessary to achieve the objectives of the Declaration. It is necessary to maintain the balance provided under the ITPGRFA and the CBD.
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