SEARICE POSITION On the Draft Code of Conduct on Biotechnology as it Relates to Genetic Resources For Food and Agriculture

COMMISSION ON GENETIC RESOURCES
FOR FOOD AND AGRICULTURE
Eleventh Regular Session
11-15th June 2007


SEARICE POSITION
On the Draft Code of Conduct on Biotechnology as it Relates to Genetic Resources For Food and Agriculture


The Southeast Asia Regional Initiatives for Community Empowerment (SEARICE) - a regional non-government organization promoting community-based conservation, development and sustainable utilization of plant genetic resources and farmers’ rights in Bhutan, Lao PDR, Vietnam, Thailand and the Philippines - recognizes the need for a more thorough and further study and discussion on the matter of the draft Code of Conduct on Biotechnology. In addition, SEARICE raises the following concerns and gaps on the draft Code of Conduct on Biotechnology, which the Commission should address:


1. On the aspect of conservation of genetic resource 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-organism/insect genetic resources, in anticipation of the need to address 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 preservation of seeds under traditional cultivation.


c. The Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture has the mandate to examine, within the context of its work, priorities and available resources, the potential impacts of genetic use restriction technologies with special consideration to the impacts on indigenous 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 the technology 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. The Commission should address the concern on transgene flow in centers of diversity and origin of plant genetic resources for food and agriculture, especially in developing countries which lack the capacity and resources to monitor and prevent the potential transgene flow and contamination to agroecosystems.


5. The Commission should also provide for a liability regime that will specifically address the 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 the present plant diversity.


6. The Commission should similarly 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.