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FAO/ITPGRFA, agrobiodiversity and farmers´rights (Session 5)

Juliana Santilli

ABS Capacity Development Initiative Botswana, 2013

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Species diversity

Varieties´ diversity

Agrobiodiversity

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Chinampas- México

Soybean monoculture

Rice terraces-Philippines

Agroforestry systems

Agroecossystems

4th level of agrobiodiversity: socioeconomic and cultural systems that create, maintain and enrich agrobiodiversity

Role of traditional/local farmers in the domestication of plants, trees and landscapes, conservation and sustainable use of agrobiodiversity.

The concept of agrobiodiversity reflects the dynamic

relationship between human societies, cultivated plants and the environments where they interact.

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Associated sociocultural diversity

FAO/ITPGRFA Objectives: Conservation and sustainable use of PGRFA, Fair and equitable sharing of the benefits arising out of

their use, in harmony with CBD, for sustainable agriculture and food security”;

“Convinced of the special nature of plant genetic resources for food and agriculture (PGRFA), their distinctive features and problems needing distinctive solutions”;

FAO/ITPGRFA “Acknowledging that PGRFA are a common concern of

all countries, in that all countries depend very largely on PGRFA that originated elsewhere” (interdependence);

“Acknowledging further that PGRFA are the raw material

indispensable for crop genetic improvement, whether by means of farmers´selection, classical plant breeding or modern technologies, and are essential in adapting to unpredictable environmental changes and future human needs” (climate change)

FAO/ITPGRFA Establishes a multilateral system of access and

benefit-sharing (“global commons”: - Covers only Annex I crops, that are under

management and control of contracting parties and in public domain; (not private, not farmers´material)

- Utilization and conservation for research, breeding, and

training for food and agriculture, and as long as it does NOT include chemical, pharmaceutical and/or other non-food-feed industrial uses.

FAO/ITPGRFA Annex I crops: 35 food crops and 29 forages: Examples: cassava (Manihot esculenta only, not wild

relatives), fava bean/vetch, cowpea, maize, potato, sweet potato, yams, finger millet, sorghum, banana/plantain, lentil, grass pea, carrot, strawberry, coconut, beans, rye, wheat, oat, pea, rye, eggplant, barley, breadfuit, etc

FAO/ITPGRFA Multilateral System of ABS: Access to crops is facilitated and expeditious (without

the need to track individual accessions) Access must be provided pursuant to a Standard

Material Transfer Agreement (SMTA) The MS includes ex situ collections of the IARCs of the

CGIAR Access to PGRFA found in situ must be provided

according to national legislation

FAO/ITPGRFA Recipients shall not claim any intellectual property or

other rights that limit the facilitated access to the PGRFA, or their genetic parts or components, in the form received from the multilateral system

FAO/ITPGRFA Multilateral System of ABS: Monetary benefit-sharing is mandatory only when

commercialized products (that incorporate material accessed from the multilateral system) are NOT available without restriction to others for further research and breeding (e.g. patented genetic materials)

Other benefit-sharing mechanisms are exchange of information, access to and transfer of technology, and capacity building

FAO/ITPGRFA Conservation and sustainable use of PGR (articles 5 and 6) Promote and support farmers’ and local communities

efforts to manage and conserve on-farm their PGR; Promote in situ conservation of wild crop relatives,

including in protected areas, by supporting, inter alia, the efforts of indigenous and local communities;

Broaden the genetic base of crops and increase the range of genetic diversity available to farmers;

FAO/ITPGRFA First international legally-binding instrument that: Establishes a “global commons” regime for PGRFA; Recognizes the important role played by farmers in

conservation and sustainable use of PGRFA; All parties are obliged to adopt policies aimed at promoting

in situ/on farm conservation of PGRFA; Recognizes farmers’ rights;

Protection of traditional knowledge

Participate in benefit-

sharing arising from the utilization of plant genetic resources

Participate in decision-making on matters related to conservation and sustainable use of plant genetic resources

Save, use, exchange and sell farm-saved seeds (subject to national laws)

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Farmers’ rights to:

Farmers’rights must be implemented by each country, at the local level, and according to national laws.

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Two possible approaches: (Andersen, 2009) 1) “Ownership approach”: based on access and benefit-

sharing laws, enacted according to CBD principles:

“prior informed consent” + “fair and equitable benefit-sharing”

(for genetic resources and traditional knowledge)

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Farmers’ rights: how to implement

2) “Stewardship” approach: Ensure access to and the exchange of genetic material and

traditional knowledge among farmers, so that they can continue to manage and benefit from the resources of agrobiodiversity, according to their social networks and local rules;

Recognition of legal pluralism/diversity (expression of cultural diversity), and the legitimacy of local rules, customs and traditions regarding the use and exchange of genetic resources and associated knowledge (X legal monism)

Recognition of collective rights 17

Farmers’ rights: how to implement

Collective benefit-sharing, such as:

Public policies aimed at valuing and strenghtening

local/traditional farming systems; Participatory plant breeding programs; Payment for environmental services; Creation of community/local seed banks and fairs;

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Farmers’ rights: how to implement (“stewardship” approach)

Nagoya Protocol and ITPGRFA NP shall not affect the rights and obligations of any party

deriving from any existing international agreement, except where the exercise of those rights and obligations would cause a serious damage or threat to biological diversity. No hierarchy between the NP and other international instruments

Nothing in NP shall prevent the parties from developing

and implementing other relevant international agreements, including other specialized ABS agreements, provided that they are supportive of and do not run counter to the objectives of the Convention and this Protocol.

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Nagoya Protocol and ITPGRFA Where a specialized international ABS instrument applies

that is consistent with, and does not run counter to the objectives of the CBD and the NP, the NP does not apply for the Parties to the specialized instrument in respect of the specific genetic resource covered by and for the purpose of the specialized instrument.

Currently, the ITPGRFA is the only international

agreement to establish a specialized (multilateral) ABS system.

Nagoya Protocol and ITPGRFA Recognizes: - the special nature of agricultural biodiversity, its

distinctive features and problems needing distinctive solutions;

- the interdependence of all countries with regard to GRs for food and agriculture as well as their special nature and importance for achieving food security worldwide and for sustainable development of agriculture in the context of poverty alleviation and climate change;

Acknowledges the fundamental role of the ITPGRFA and

the FAO Commission on GRFA in this regard,

Nagoya Protocol and ITPGRFA Recalls the Multilateral System of Access and Benefit-

Sharing established under the ITPGRFA, developed in harmony with the CBD.

NP does NOT apply to PGRFA that are subject to the

multilateral ABS system of the ITPGRFA: 35 food crops and 29 forages, under the management and control of contracting parties; and in the public domain; as long as they are used for research, breeding and

training for FOOD and AGRICULTURE

Nagoya Protocol and ITPGRFA Plant Genetic Resources that are NOT included in Annex

I of ITPGRFA, or which are used for any chemical, pharmeutical and/or any other non-food/feed purposes, fall under the scope of CBD and of the NP.

PGRFA that remain outside the multilateral system

are subject to the rules of CBD and the NP. For countries that are parties to CBD/NP and the

ITPGRFA: National ABS laws must take the MLS into consideration;

Nagoya Protocol and ITPGRFA The SMTA could be considered to be a certificate of

compliance, to be presented under designated checkpoints , in accordance with the NP