Showing posts with label WTO. Show all posts
Showing posts with label WTO. Show all posts

Tuesday, June 19, 2012

Knowledge Is Survival

Knowledge passed from generation to generation provides a guarantee for the next harvest.

Indian farmers are fighting for their intellectual property.

 

Large conglomerates take advantage of Indian farmers. The farmers forfeit their claim to their intellectual property and ultimately, to the knowledge that might allow them to resist climate change. The "Gene Campaign" has become their advocate.

Diversity is Nature's "Plan B": it provides a variety of possibilities. Let us suppose that a plant crop no longer grow once its native habitat has become flooded. However, some of its relatives are not afraid to get their feet wet and will take root even in mud. Or say the higher temperatures caused by climate change make it difficult for traditional crops. This is where Mother Nature plays her joker card called biodiversity. If one plant won't grow under these conditions, another will.

A pretty cool thing, this Nature. If only we could put it to use. Well, that's exactly what man has been doing since the beginning of agriculture. We not only know that a certain plant has medicinal properties; we also know that it can withstand drought or rain, or that the wind will easily knock it over. All of this knowledge; acquired by trial and error and passed on from generation to generation, helps to guarantee the next harvest and thus, the survival itself in a constantly changing environment.

"I want to help my country!"
People all over the world are struggling to preserve and protect this knowledge. Dr. Suman Sahai and the "Gene Campaign" NGO*, which she founded, are fighting for the rights of Indian farmers to their intellectual property. Trained in genetics, the scientist can look back on a long and successful career. She performed research and taught at universities in India, Canada, the USA and Germany. "It wasn't a professional mid-life crisis that brought me from research to the 'Gene Campaign'. I was a successful scientist and I really enjoyed my work," says Sahai. "It was my Indian identity. I want to help my country." And just what kind of service to the Indian people does Dr. Sahai find so rewarding?
"Gene Campaign" fights internationally for the fair treatment of indigenous intellectual property. Based on the premise that no one should have to be made to account for his property, Suman Sahai pillories scientists, pharmaceutical companies, and agricultural concerns as "biopirates" and accuses profit- hungry governments.
The "exploiters" not only disregard the moral principles that Sahai stands for but also violate the objectives and duties prescribed by the CBD (Convention on Biodiversity), all under the mantle of the WTO (World Trade Organization). Benefit-sharing remains merely an ideal because there is money in knowing how to use plants. Lots of money. Suman Sahai has estimated what fair benefit-sharing would look like in her view. Pharmaceutical companies might invest a billion dollars from the time a plant is discovered until a product is launched on the market. Deducting the outlays needed for advertising and standardization in Western markets of around 400 million dollars, that would place a value of 600 million dollars on the plant itself. This would provide an equitable basis for negotiations. The only question is: What is fair? Five percent for the people who discovered the knowledge? Or fifty? "Plus a share of the profits, naturally," says Dr. Suman Sahai.

It's no surprise that the "biopirates" are anything but thrilled by this calculation. This is where Sahai's reputation as a scientist is helpful. "Governments listen to me, even though they don't like what I have to say. My career as a scientist confers authority on me." This authority, plus the conviction of doing the right thing are apparent in her entire manner, in the rapid, almost brusque way she counters arguments, or in the way she calls for people to rethink. They are towering demands, made by a towering personality.

Bringing science to the village
The "Gene Campaign", however, doesn't just perform international publicity and stand up for the
rights of farmers. The organization also provides on- site assistance. The marketing of diversity by the industrial nations not only puts farmers at a disadvantage; their valuable know-how is slowly being lost. Optimized seeds dominate the market. Native low- performance varieties and alternative sources of food are slowly being forgotten. To put it drastically, farmers' survival is being pinned to one crop alone. In an effort to preserve indigenous knowledge, the NGO delivers "science where it's needed" — to the villages. Local communities assist in erecting simple seed banks. Villagers receive training in managing their seed supply and ultimately assume responsibility for them. The banks thus provide a guarantee of crop diversity and preserve the knowledge of their uses.

Educating for equity
Villagers are grateful for the attempts to secure their future by preserving diversity but many a battle against powerful adversaries needs to be fought before equitable benefit-sharing can proceed. Sahai hopes that future generations will learn to respect and deal fairly with resources — both intellectual and material — through education and publicity.

Verena Orth

Source : Correcting Images. Protecting and Using Biological Diversity - Preserving Cultural Diversity

 

 


Wednesday, June 4, 2008

India Silent on Biosafety in International Negotiations

Suman Sahai

Gene Campaign was the only Indian organisation to attend the fourth Meeting of Parties to the Cartagena Protocol on Biosafety (MOP 4),held in Bonn from 12 to 16 May 2008.This was disappointing since the MOP presents an opportunity to not just follow the global negotiations but also to intervene with suggestions. Unlike the closed WTO process, negotiations of the Biosafety Protocol allow accredited NGOs to play a role. This could have been an opportunity for the many Indian groups involved with genetically engineered (GE)crops and products,to learn and to help influence the outcome in favour of developing country interests.

What was really scandalous though was the non- performance of the Indian delegation.They were not prepared, had nothing to contribute and did not open their mouths during the four-day,heftily contested negotiations, which focussed on developing a legally binding,international regime for Liability and Redress. India's silence during the entire debate, disappointed many that had hoped to see it in a leadership role, fighting for the environmental and health safety of people in all countries where GEOs are being produced.

As it was, Malaysia led the developing country efforts supported by the Philippines,Colombia and other Latin American countries and very decisively the African countries who were vocal, with firm arguments. To add strength to their case, the developing countries formed a block of 80 countries called the Like Minded Group of which India was a member.

The opposition to the international liability regime was consistent and led by Japan, Peru and Brazil. A strong liability regime is of crucial relevance to developing countries because it could provide them a means to protect their farmers and consumers from any damage caused by GE crops and foods. It is vehemently opposed by the biotechnology industry and countries like the US (which is a non-party),Canada, Australia and their friends like Brazil and Japan.

At a point it appeared as though the talks would break down. It was again the Malaysian delegation that fought hard to keep the talks going and asked for several closed-door meetings with allies to thrash out a counter strategy to the Japan-Brazil-Peru led opposition. Ultimately, the talks could be saved with an agreement to continue discussions in early 2009.However, after four days of negotiations at the Fourth Meeting of Parties it was not possible to get an agreement on liability. For now, the biotech industry and the developed countries have succeeded in blocking the emergence of a legally binding international liability regime.

Gene Campaign,which has been working on developing components of a liability law for India,had organized a panel discussion on developing components for a liability regime,on the sides of the MOP4 meeting in Bonn.Some key consensus recommendations to emerge from that discussion are:

i)the adoption of a strict liability regime for damage from GEOs, where liability could be imposed, without the necessity to prove fault or negligence on the part of the defendant,(barring usual exceptions such as Act of God etc.);

ii)the term "damage" to be given the widest possible interpretation and to include environmental damage, damage/risks to human and animal

health as well as socio-economic damage including loss of income, damage to food security and livelihood,and to culture and livelihoods of indigenous and local communities;

iii) the liability for damage caused as a result of introduction of GEOs to be channeled to the agencies producing and approving the technology. This will include public and private sector research agencies and the regulatory bodies of the state granting approval;

iv) absolute liability to operate in the case of genetic contamination in areas that are crop centers of origin and where maximum genetic diversity is found. This stringent provision is in accordance with the principles of natural justice and inter-generational equity, which invokes safeguarding the environment and resources for coming generations;v)in the case

of damage caused by GEOs, the time limit should take into consideration the fact that damage in biology may only appear after several generations. As such, an absolute time limit of 50 years (a period during which effects on two generations could be manifest)should be considered and vi)Civil Society Organisations (CSO)acting in the public interest should have the right to bring a claim for damages on behalf of those directly or indirectly affected.

These recommendations have been submitted to the secretariat of the Meeting of Parties as inputs from civil society.