GOVERNANCE OF AGRICULTURAL BIODIVERSITY

International Negotiating Agenda of CBD, FAO, WTO, CSD

To be updated

INTRODUCTION

Agricultural biodiversity is the basis for food and livelihood security but it also forms the main resource for the biotechnology and plant breeding industries. It is being manipulated, utilised and traded in ways hitherto unforseen and it is therefore important for human survival that care is taken in providing a technical, regulatory and legal framework, for its conservation and sustainable use, that is competent to deal with these new pressures. Countries need to exercise their rights in many intergovernmental forums and through the implementation of international agreements to ensure this happens. And they could do this in the year 2000!

• For a retrospective on the World Food Summit Governance Challenges, see: Beyond the World Food Summit: Can Civil Society Organisations collectively rise to the challenge? by Patrick Mulvany, ITDG (1997)
• Statement from the Sustainable Agriculture/Biodiversity Caucus presented to the Plenary of the NGO Forum to the World Food Summit (Nov 1996)
• Report from the People's Summit Food Seminar, Birmingham, 15 May 1998 Recipe for Change: the food system - whose power to control? (May 1998)

INTERNATIONAL GOVERNANCE OF AGRICULTURAL BIODIVERSITY

Internationally the main bodies that impact on the governance of agricultural biodiversity are:

• The Food and Agriculture Organisation of the United Nations (FAO)covering sustainable food production and the conservation and sustainable utilisation of agricultural biodiversity;

• The Convention on Biological Diversity (CBD) covering the conservation of biodiversity, including the Decision on Agricultural Biodiversity (COP III/11); and

• The World Trade Organisation (WTO) covering the implementation of TRIPs and the trade Agreement on Agriculture (outcome of the GATT Uruguay Round).

• The Ministry of Agriculture, Fisheries and Food (MAFF) responsible for UK's plant genetic resources policies, plant varieties acts, international negotiations in the FAO's CGRFA, the UK's agricultural, livestock and fisheries development policies, among others

• The Environment Agency The Agency is responsible for UK's obligations under the CBD and for the UK's Biodiversity Action Plan

• The Department of Trade and Industry (DtI) responsible for biotechnology and genetic engineering policies, intellectual property, including patent, protection

• The Department For International Development (DFID), which provides resources for most of the UK government's development work done in other countries and to support the work of international agencies.

The intergovernmental processes that intend, on the one hand, to safeguard agricultural biodiversity and, on the other hand, to privatise these resources have a long history. International protection of privately owned resources, guaranteed through legally enforceable plant breeders' rights (PBRs) and patents, is in the ascendancy, because of the World Trade Organisation's WTO/ TRIPs (Trade Related aspects of Intellectual Property rights) Agreement especially its Article 27 concerning patents on life forms. In contrast there are the following international agreements, among others:

• The ratification of the Convention on Biological Diversity (CBD) by 171 Parties and the Decisions by the Conference of the Parties (COP) on Agricultural Biological Diversity (Decisions III/11 and IV/6). These decisions have resulted in a Plan of Work to be ratified by COP 5 in Nairobi in May 2000.
• The FAO International Undertaking on Plant Genetic Resources [for Food and Agriculture] (IU) agreed to by 111 countries and currently being revised to bring it in harmony with the CBD. In 2000 these negotiations shold be finalised.
• The agreement to the Leipzig Global Plan of Action for the Conservation and Sustainable Utilisation of Plant Genetic Resources for Food and Agriculture (GPA) by 159 Members of the Food and Agriculture Organisation of the United Nations (FAO). Countries should implement this Plan as part of their obligations under the CBD Agricultural Biodiversity Work Plan and the IU.

Each of these agreements and decisions, which are mutually supportive, may be better suited than the World Trade Organisation's Agreement on the TradeRelated aspects of Intellectual Property rights (WTO / TRIPs Agreement) to providing long-term equitable sharing of the benefits of agricultural biodiversity, as the purpose of the FAO and CBD agreements is to safeguard and develop genetic resources and agricultural biodiversity for future generations through, inter alia, facilitating their sustainable use.

INTERNATIONAL NEGOTIATING CALENDAR

2000 is a year in which the fndamental principles of governance of Agirucltural Biodiversity could be established and realised by Nation states. The acknowledgement by many countries after the WTO Seattle debacle that the CBD is better suited to establishing priorities, legal jurisdiction and programmes for the conservation and sustainable use of genetic reosurces for food and agriculture, could be realised in a series of CBD meetings in January (Extraordiary COP to discuss the Biosafety Protocol and SBSTTA V), March (Discussions on Benefit Sharing Article 8j) and May (COP V). Countries have an opportunity to establish the primacy of the CBD on these matters. At the FAO, the CGRFA will continue its discussions (on dates to be decided) on the IU and will hopefully conclude these in harmony with the CBD. The Council for TRIPs of the WTO (starting in January) will deliberate on the review of Article 27.3(b) concerning exclusions to patenting and might extend these exclusions to all living matter and genetic resources, deferring to the CBD for rulings on the ownership, use and benefit sharing of these.

A full calendar of events is available at The Genetic Engineering and Intellectual Property Rights Resource Center, managed by the Institute for Agriculture and Trade Policy (IATP) is a valuable resource for all types of information concerning GE and IPRs, as well as biodiversity, biotechnology, patents, and national and international legislation. Within this site, you will find upcoming Events from around the world in the fields of biotechnology, biodiversity, genetic engineering, etc. http://www.sustain.org/biotech/Calendar/Cal.cfm

Also in this IATP managed site http://www.sustain.org/biotech/ there is a comprehensive listing of related Organizations, including contact information. Resources, including a library with documentation on biotechnology, biodiversity, legislation texts, genetic engineering, intellectual property rights, meeting reports, patent information, product labeling, plant variety protection, trade, and the TRIPs Agreement. Resources also contains Bulletins, with fully searchable, current bulletins on related subjects, Other Resources, including books, bulletins, reports, etc., and Related Sites with hundreds of links to similar organizations. Headlines compiled daily, for the latest news on genetic engineering. You may also subscribe to the list serv, Biotech Activists (send an email to listserv@iatp.org. In the body of the message type: subscribe biotech_activists). A full-text searchable Search engine for all the information in this resource center. Customizable listings under What's New for additions throughout the resource center. This site is fully interactive, allowing you to add your own information to the pages in the resource center.

The Institute for Agriculture and Trade Policy was established in 1986 as a nonprofit and tax exempt research and education organization. Its mission is to create environmentally and economically sustainable communities and regions through sound agriculture and trade policy. The Institute assists public interest organizations in effectively influencing both domestic and international policymaking through the following activities: Monitoring, Analysis and Research; Education and Outreach; Training and Technical Assistance; and Coalition Building and International Networking.

Other calendars of key events include:

CBD: http://www.biodiv.org/conv/Bio-Calendar2000.html

CSD: http://www.un.org/esa/sustdev/csd9802.htm and for CSD 8: http://www.un.org/esa/sustdev/mgroups/csd8guid11.htm

CSD NGO Sustainable Agriculture Caucus: http://www.igc.org/csdngo/agriculture/agr_index.htm

SBSTTA V: 5^th SESSION OF THE SUBSIDIARY BODY FOR SCIENTIFIC, TECHNICAL AND TECHNOLOGICAL ADVICE TO THE CONFERENCE OF THE PARTIES OF THE CONVENTION ON BIOLOGICAL DIVERSITY, Nairobi, 15-26 May 2000

• Link to: Fifth Subsidiary Body on Scientific Technical and Technological Advice (SBSTTA) V 20 January - 4 February, Montreal.

• Agricultural biological diversity: assessment of ongoing activities and priorities for a programme of workSBBSTA/5/10 contains: suggested recommendations; the main conclusions of a multi-year assessment requested at COP-3; and further development of the agricultural biodiversity programme of work (See key elements of this programme below)

Four elements for a programme of work are proposed for consideration by the SBSTTA. They apply the ecosystem approach, emphasizing the ecological functions of biodiversity in agriculture. The four programme elements are intended to be mutually reinforcing and to be implemented in parallel. Prioritization of activities within each programme element will be necessary, as set out in the sections on ways and means and timing of expected outputs. They have the following operational objectives:

(a) Element 1: To provide a comprehensive analysis of status and trends of the world's agricultural biodiversity, as a basis for the identification of areas requiring priority attention and the development of appropriate policies, plans and programmes by Parties, through a coordinated programme of ongoing and planned assessments of different components of agricultural biodiversity, and the development of the necessary methods and tools;

(b) Element 2: To identify management practices, technologies and policies that promote the positive and mitigate the negative impacts of agriculture on biodiversity, and enhance productivity and the capacity to sustain livelihoods, by expanding knowledge, understanding and awareness of the multiple goods and services provided by the different levels and functions of agricultural biodiversity;

(c) Element 3: To strengthen the capacities of farmers, their communities, and other stakeholders, to manage agricultural biodiversity so as to increase their benefits, and promote awareness and responsible action by producer organizations and agro-enterprises;

(d) Element 4: To support the development of national plans and strategies for the conservation and sustainable use of agricultural biodiversity and to promote their integration in sectoral and cross-sectoral plans and programmes. The proposed elements of the programme of work have been developed bearing in mind the need: to support the development and integration of national strategies, programmes and action plans; to build upon existing, internationally agreed plans of action, programmes, strategies and other agreements; to ensure harmony with the other thematic areas of the Convention; and to promote synergy and coordination, and to avoid duplication, between existing relevant programmes of international organizations and to respect their mandates.

WORKING GROUP ONE (Tuesday 1 February 2000)

DRYLANDS BIODIVERSITY: The Secretariat introduced the background note on the development of a programme of work for dryland, Mediterranean, arid, semi-arid, grassland and savannah ecosystems (UNEP/CBD/SBSTTA/5/9), including inter alia: scope, importance, status and trends; ongoing activities of international organisations and conventions and possible synergies; and a draft programme of work. BRAZIL and AUSTRALIA suggested explicit references to capacity-building and bioprospecting, dissemination of information and best practices, and the ecosystem approach. A number of countries highlighted capacity-building for assessment and monitoring, development programmes focusing local capacities and new technologies to enhance productivity, education and awareness-raising. The UK, CANADA, GERMANY, ETHIOPIA and NORWAY stressed involvement of indigenous and local communities in drylands management. ETHIOPIA, the RUSSIAN FEDERATION, NORWAY and FRANCE suggested more emphasis on synergies with other international conventions. Several countries proposed further collaboration with the CCD, which welcomed cooperation and highlighted relevant CCD experience and activities at the grassroots, national and sub-regional levels.

CANADA emphasized integrating resource management approaches and establishing an international network to facilitate information sharing. ARGENTINA stressed the importance of information exchange at the national and international levels and proposed that the CHM refer to other international organizations’ programmes. AUSTRALIA said activities should focus on outcomes. The NETHERLANDS said SBSTTA should refrain from addressing non-technical matters and should therefore not refer to GEF funding, although MALI, TURKEY and ALGERIA disagreed. The NETHERLANDS, the RUSSIAN FEDERATION, COLOMBIA and KENYA proposed establishing an expert group on drylands management, although they differed on whether it should be a roster or panel. GREECE said that assessments could be conducted in separate fora for each of the ecosystems in the programme. The NETHERLANDS, PORTUGAL and the WORLD METEOROLOGICAL ORGANIZATION (WMO) noted the need for reference to in situ conservation. ZIMBABWE and MALI called for an analysis of the underlying causes of biodiversity loss. GERMANY stressed the issue of subsidies and the relation between gender and biodiversity. BURKINA FASO suggested including pollution as a cause of biodiversity loss. The EC and SWITZERLAND asked for clarification of definitions. BELGIUM drew attention to endemic biodiversity. The WMO drew attention to the impact of climate variability on drylands.

Regarding the alternatives for an abbreviated title, most delegations expressed preference for "biodiversity of dry and sub-humid land." Chair Mary Fosi (Cameroon) established an informal group to draft recommendations.

AGRICULTURAL BIODIVERSITY: The Secretariat presented the background note, (UNEP/CBD/SBSTTA/5/10), which contains: suggested recommendations; the main conclusions of a multi-year assessment requested at COP-3; and further development of the agricultural biodiversity programme of work. The Secretariat stressed that the recommendations in the document aim not to replace, but to facilitate Decision III/11 on agricultural biodiversity. BRAZIL outlined the findings of the São Paulo workshop on pollinators which resulted in a declaration for possible endorsement at COP-5. BANGLADESH suggested GEF financing for regional projects and highlighted the need to support the role of women in agriculture. The EC said the fact that agricultural biodiversity encompasses biodiversity components beyond relevance to food and agriculture should be reflected in the document. On this point, the NETHERLANDS and FRANCE noted the need to include social and biological services provided by agro-biodiversity. VENEZUELA drew attention to how agro-biodiversity provides recycling services for gas emissions. The RUSSIAN FEDERATION noted the importance of the soil layer for agro-biodiversity. GERMANY, the EC, the NETHERLANDS, SWEDEN, FINLAND and FRANCE stated that agro-biodiversity should be dealt with in an interdisciplinary manner. SWEDEN called for greater emphasis on the underlying causes of agro-biodiversity degradation, and along with FRANCE requested reference to the multi-functional approach, which was rejected by ARGENTINA, AUSTRALIA, CANADA, NEW ZEALAND and the US. INDONESIA, AUSTRALIA, CANADA, the US and the UK stated that recommendations were too ambitious and would benefit from prioritization. COLOMBIA highlighted that the impact of industrialized agriculture on agro-biodiversity must not be forgotten. PAPUA NEW GUINEA stated that the issues of benefit sharing and intellectual property rights of commercialized natural resources had not been sufficiently covered. MALI drew attention to the lack of public awareness and stressed the need to integrate technology with traditional and local knowledge. BURKINA FASO highlighted the importance of indigenous knowledge.

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COP V: 5^th SESSION OF THE CONFERENCE OF THE PARTIES OF THE CONVENTION ON BIOLOGICAL DIVERSITY, Nairobi, 15-26 May 2000

• Link to: Full coverage of Agricultural Biodiversity issues at COPV + GBF 15 Agricultural Biodiversity reports, on UKabc pages
• Link to: UKabc pages on the FAO International Undertaking (being updated)
• Link to: CBD documents for COP V Biosafety Protocol, Agricultural Biodiversity work programme, Ecosystem approach, Access inc. FAO/CGRFA/IU, WTO/TRIPs vs CBD and local and indigenous knowledge
• Link to: Fifth Subsidiary Body on Scientific Technical and Technological Advice (SBSTTA) V 20 January - 4 February, Montreal. Also, see SBSTTA docs and report below
• Link to: CBD Agricultural Biodiversity WebPage
• Link to: ENB Coverage of COP V (almost excludes agricultural biodiversity work programme but covers Biosafety and ABS ++)
• Link to: RAFI, Terminator Technology issues and Captain Hook Awards
• Link to: The Sunshine Project: Information on potential abuses of Biotechnology, especially "Agent Green" fungal and virual pathogens used in narcotic drug crop control.
• Link to: Third World Network Biodiversity, Farmers' Rights and Indigenous Knowledge, Access and TRIPs papers
• Link to: Abdication of Responsibility for Biosafety in the name of Free Trade. Tewolde Berhan Debre Egziabher review of Biosafety Protocol negotiations (published before the Jan 2000 Montreal meeting which agreed the Protocol)
• Link to: Commission on Sustainable Development (CSD). Timetable to 8th session (April 2000) leading up to Earth Summit 3 (2002) and for CSD 8: http://www.un.org/esa/sustdev/mgroups/csd8guid11.htm. NGO Forum Site, and CSD NGO Sustainable Agriculture Caucus: http://www.igc.org/csdngo/agriculture/agr_index.htm
• Link to: CropChoice E-Magazine US farm GM issues: loss of markets, pollution, cross-pollination...

• Link to: Meetings post CBD/Conference of the Parties (COP) V, Nairobi, 15 - 26 May 2000

• Report from the fourth Conference of the Parties (COP IV) to the Convention on Biological Diversity, Bratislava, Slovak Republic, 4- 15 May 1998. (updated Jul 1998)

• Can the CBD sustain livelihood biodiversity? Review of COP 4 by GRAIN (May 1998)

BIOSAFETY PROTOCOL NEGOTIATIONS

• Food Production, Choice, and Security: The Role of the Biosafety Protocol & The Implications of Genetic Engineering: BioSafety Protocol Negotiation Options. Written for the UKabc by Richard Tapper, Environment Business & Development Group (Updated November 1998)
• Text of letter to European Commissioner Bjerregaard re: Biosafety Protocol to the Convention on Biological Diversity (CBD) (Dec 1998)
• Fifth BioSafety Working Group Meeting, August 1998 Report from ENB (Sept 1998)
• Biosafety Protocol talks Collapse (Jan 1999)
• Report on Genetic Use Restriction Technologies (GURTs) /Terminator technologies Prepared for CBD/SBSSTA IV. Conclusions include that, although technology is at least 5 years from commercial release, much more work is needed before safe use could be contemplated. Essential Reading

FAO CGRFA: COMMISION ON GENETIC RESOURCES FOR FOOD AND AGRICULTURE

• International Treaty on Plant Genetic Resources for Food and Agriculture agreed by FAO Conference at 16:00 on 3 November 2001. Details...
• Linkto: Updated CSO letter to CGRFA + Briefing Paper
• Linkto: Update on 6th Extraordinary Session of the CGRFA, Rome, Italy Last attempt to finalise the IU
• Linkto: Update on 6th Contact Group meeting, Spoleto, Italy. This is a contribution to a lobby to speed negotiations on the International Undertaking on Plant Genetic Resources (IU). CSO sign-on letter and signatories Click Here for copies of letter in 4 languages and signatoriesand Press Release Download WORD 97 Press Release or Download PDF Press Release

• Linkto: Call to Action and NGO Position Paper. This is a contribuiton to a lobby to speed negotiations on the International Undertaking on Plant Genetic Resources (IU). A new Position Paper "Seeds for All" and an NGO "Call to Action" have been posted on this site. Click Here for copies of these papers

• Linkto: The International Undertaking on Plant Genetic Resources for Food and Agriculture: is it now or never? by Jan Borring, Norway

• FAO INTERNATIONAL UNDERTAKINGThe International Undertaking is being negotiated by the Commission on Genetic Resources for Food and Agriculture (CGRFA) of the UN Food and Agriculture Organization (FAO). This page describes the present state of negotiations and their history, through a series of reports, papers and other linked web resources.

• FAO fudges Farmers' Rights?Civil Society Organisations dismayed by CGRFA late-night decisions on Farmers' Rights. If approved, governments would have internationally recognised powers to deny Farmers their inalienable Rights to save seeds. CSO Press Release - Click Here

• Report on FAO CGRFA 8th Session, Rome 19-23 April 1999
• Notes from FAO 5th Extraordinary CGRFA Session, Rome, 8 - 12 June 1998 (Jun 1998)
• Notes from the 4th Extraordinary Session of the FAO's CGRFA, to negotiate the International Undertaking, 1-5 December 1997 (updated Jul 1998)
• Issues for the FAO CGRFA RAFI Paper (May 1997)
• The Leipzig Commitment to Agricultural Biodiversity Resolution from the "In Safe Hands: Communities Safeguard Biodiversity for Food Security" conference (Jun 1996)

WTO /TRIPS: TRADE RELATED ASPECTS OF INTELLECTUAL PROPERY RIGHTS

• Link to: World Trade Organisation/ Agreement on Trade Related aspects of Intellectual Property rights (TRIPs)

• Trade, Intellectual Property, Food and Biodiversity: Key issues and options for the 1999 review of Article 27.3(b)of the TRIPS Agreement. Discussion Paper by Geoff Tansey (Feb 1999)

• TRIPs, Biodiversity and Commonwealth Countries: capacity building priorities for the 1999 Review of TRIPs Article 27.3(b) Full Text of Commonwealth Secretariat Discussion Paper Now Available in PDF Format. Also Executive Summary and Tables (Full paper updated 1 January 1999 with new events chart on Page 17) y versión en español del Resumen Ejecutivo (1 enero del 1999)

COMMISSION ON SUSTAINABLE DEVELOPMENT

• Commission on Sustainable Development (CSD). Timetable to 8th session (April 2000) leading up to Earth Summit 3 (2002) and for CSD 8: http://www.un.org/esa/sustdev/mgroups/csd8guid11.htm. NGO Forum Site, and CSD NGO Sustainable Agriculture Caucus: http://www.igc.org/csdngo/agriculture/agr_index.htm

LINKS to CIVIL SOCIETY ORGANISATIONS SITES

• Genetic Resources Action International (GRAIN)

• Rural Advancement International (RAFI)

• Institute for Agriculture and Trade Policy IATP's Biotechnology and Biodiversity WebResource (including TRIPs 99)

• Third World Network

• World Resources Institute (WRI) Biodiversity pages

• Greenpeace Biodiversity index

• The Research Foundation for Science, Technology and Ecology The Research Foundation for Science,Technology and Ecology was founded in Dehra Dun, Uttar Pradesh (INDIA) in 1982 under the directorship of Dr. Vandana Shiva. The Foundation has been involved in biodiversity conservation and protecting people's rights from the devastating threats to livelihoods and the environment posed by centralised systems of monoculture in forestry, agriculture and fisheries.

CURRENT LINKS to OFFICIAL SITES

• FAO's Commission on Genetic Resources for Food and Agriculture (CGRFA)
• Report of 8th regular session of FAO/Commission on Genetic Resources for Food and Agriculture (CGRFA)
• CBD/ Extraordinary COP and Subsidiary Body on Scientific Technical and Technological Advice (SBSTTA) V 20 January - 4 February, Montreal. Biosafety Protocol, Agricultural Biodiversity work programme and Ecosystem approach. Plus WTO/TRIPs vs CBD and assorted issues
• Convention on Biological Diversity (CBD)/ 6th Biosafety Meeting, Cartagena (15-23 Feb 99)
• Follow up Meetings leading up to CBD/Conference of the Parties (COP) V Nairobi, 15 - 26 May 2000
• CBD/Agricultural Biodiversity WebPage
• Commission on Sustainable Development (CSD). Timetable to 8th session (April 2000) leading up to Earth Summit 3 (2002) and for CSD 8: http://www.un.org/esa/sustdev/mgroups/csd8guid11.htm. NGO Forum Site, and CSD NGO Sustainable Agriculture Caucus: http://www.igc.org/csdngo/agriculture/agr_index.htm
• World Trade Organisation/ Agreement on Trade Related aspects of Intellectual Property rights (TRIPs)
• FAO/Netherlands Conference on the Multifunctional Character of Agriculture and Land (FAO/NL MFCAL), Maastricht, Sept 1999: "Cultivating Our Futures"