International Treaty on Plant Genetic Resources for Food and Agriculture
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The International Treaty on Plant Genetic Resources for Food and Agriculture, popularly known as the International Seed Treaty, is a comprehensive international agreement in harmony with Convention on Biological Diversity, which aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture, as well as the fair and equitable benefit sharing arising from its use. It also recognises Farmers’ Rights to freely access genetic resources, unrestricted by intellectual property rights, to be involved in relevant policy discussions and decision making, and to use, save, sell and exchange seeds, in accordance to national laws.
The Treaty will implement a Multilateral System (MLS) of access and benefit sharing for a list of 64 of the most important food and forage crops essential for food security and interdependence for those countries that ratify the treaty. (These species are listed in Annex 1 to the Treaty).
It includes, as one of its funding mechanisms, mandatory sharing of benefits arising from the commercial utilization of plant genetic resources for food and agriculture covered by the MLS.
The treaty will have its own governing body but in the interim is governed by the Commission on Genetic Resources for Food and Agriculture (CGRFA) under the aegis of the Food and Agriculture Organization of the United Nations(FAO).
Some believe it is an example of responsible global governance, ensuring that genetic resources can be kept in public domain and to act as an insurance against any future adversity. See, for example [1] (http://r0.unctad.org/trade_env/test1/meetings/plants/INTERNATIONAL%20SEED%20TREATY.doc).
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Treaty mechanisms
The Treaty has been under negotiation for 7 years. A previous voluntary agreement, the IU or International Undertaking on Plant Genetic Resources, was agreed on in 1983. However, the IU was reliant on the principle of genetic resources being common heritage of humanity. The Convention on Biological Diversity (CBD) (1993) brought genetic resources under the jurisdiction of national governments, thus requiring the IU to be updated as the CBD recognised that agricultural genetic resources were different (international) and required distinctive solutions. Subsequently the IU was renegotiated to bring it in harmony with the CBD and was renamed as a Treaty.
The new Treaty was approved during the FAO Conference (31st Session resolution 3/2001) in November 2001, with 116 votes and 2 abstentions (USA and Japan). In accordance with its Article 25, it was opened for signatures until 4th of November 2002 by all members of FAO or any state member of the United Nations or of the International Atomic Energy Agency. It was subject to ratification, acceptance or approval (Article 26), by all members as defined beneath (Article 25).
The Treaty on Plant Genetic Resources for Food and Agriculture was open to accession once closed to signature (Article 27), i.e., on the 4th of November 2002. The Treaty on Plant Genetic Resources for Food and Agriculture would enter into force, once closed to signature, 90 days after ratification by at least 40 countries, among which at least 20 are Members of the FAO (Article 28). 77 countries and the European Union have already signed the treaty on the 6th of November.
Once ratified, the Treaty’s interim Governing Body will take decisions on how the agreement is implemented. For example, it will consider compliance, the Material Transfer Agreement, Financial arrangements and so on.
Discussion
Plant genetic resources are essential to a sustainable agriculture and food security. FAO estimates humans have used some 10 000 species for food throughout history. However,only about 120 cultivated species provide around 90% of food requirements and 4 species (Maize, Wheat, Rice and Potatoes) provide about 60% of human dietary energy for the world's population. Of the myriad of varieties of these crops developed by farmers over millennia, which form an important part of agricultural biodiversity, more than 75% have been lost in the past 100 years.
Many hope this new and much needed Treaty will make a difference.
Some fear, however, that corporate financial interests might prevent safeguarding of livelihoods, promotion of food security, biodiversity-rich farming under control of local communities, and implementation of Farmers' Rights.
Critics say many of the central issues are unresolved or open to interpretation. Some of the points raised are:
- to what extent will intellectual property rights be allowed on genetic resources in the MLS, within treaty rules: some argue an agreement aiming at open access to genetic resources for food anad agriculture should not allow restrictive property rights, and the treaty says in Article 12.3.d that "Recipients shall not claim any intellectual property or other rights that limit the facilitated access to the plant genetic resources for food and agriculture, or their genetic parts or components, in the form received from the Multilateral System";
- to what extent will farmers and communities be allowed to freely use, exchange and breed the seeds, and what enforcement procedures will be used by national governments to ensure principles of Farems' Rights will be respected;
- how will the benefits from the commercial use of genetic materials covered in the MLS be shared, in terms of amount, form and conditions.
- while the whole Brassica family (Cruciferae) including all its sub-species and varieties is in the MLS the total number of food crops and forages and their relatives included in the treaty is very limited. Soya, sugar cane, oil palm and groundnut are among important crops missing from the list in Annex 1.
The Treaty came into force on 29th June 2004 with more than 54 ratifications from countries(but not the USA). See [2] (http://www.ukabc.org/iu2.htm) for latest and links to official page of signatories.
An article prepared in the occasion of the Treaty becoming law is posted at [3] (http://www.ukabc.org/itpgrfa29june2004.htm).
Participating countries
UPDATE: 60 countries and the European Union have now ratified, accepted or approved the treaty - see [4] (http://www.fao.org/Legal/TREATIES/033s-e.htm) (November 2004)
Signature : Angola, Argentina, Australia, Austria, Bangladesh, Belgium, Bhutan, Brazil, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Costa Rica, Côte d'Ivoire, Cuba, Cyprus, Denmark, Dominican Republic, Egypt, El Salvador, Eritrea, Ethiopia, European Community, Finland, France, Gabon, Ghana, Germany, Greece, Guatemala, Guinea, Haiti, India, Islamic Republic of Iran, Ireland, Italy, Jordan, Lebanon, Luxembourg, Madagascar, Malawi, Mali, Malta, Marshall Islands, Mexico, Morocco, Namibia, Netherlands, Niger, Nigeria, Norway, Paraguay, Peru, Portugal, Senegal, Spain, Sudan, Swaziland, Sweden, Switzerland, Syria, Thailand, the Former Yugoslav Republic of Macedonia, Togo, Tunisia, the United Kingdom, United States of America, Uruguay, Venezuela, Yugoslavia, Zambia and Zimbabwe.
See also
International Undertaking on Plant Genetic Resources for Food and Agriculture -- Basmati rice -- World Trade Organisation -- biopiracy -- seedbank