International Treaty On Plant Genetic Resources For Food and Agriculture - Discussion

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.

Some fear 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 and 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, sell and breed the seeds, and what enforcement procedures will be used by national governments to ensure principles of Farmers' Rights will be respected;

• The mechanism for dispute settlement under the Third Party Beneficiary and the role of FAO.

• The first group of 11 projects funded by the treaty was announced during the Third Session of the Governing Body in Tunis in June 2009. The projects were funded according to criteria established by the Governing Body including regional balance: 5 from Latin America, 5 from Africa and 1 from Asia. The ranking of the projects was done by a Group of Experts nominated by the 7 regional representatives of the Bureau and the final approval was done by the Bureau on behalf of the Governing Body.

• 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 29 June 2004 at which time there were more than 54 ratifications by countries. An article prepared on the occasion of the treaty becoming law is posted at . From the entry into force, countries that previously signed are allowed to ratify the treaty, while countries that did not sign the treaty before it came into force can also accede to it. The instrument of ratification has to be deposited with the Director-General of FAO.