CANCHID is posting this message since the issue discussed presents a two
pronged assault on health and sustainable development. This "seed grain
enclosure movement threat" has the capacity to further impoverish the
poorest of the poor - and at the same time put the whole bio-system at
risk. There is a further risk in that the process may be non-reversible,
no matter what future research and evidence shows in terms of (a) the
effects on the biosphere, and (b) the impact on farming communities
around the globe.

Unlike the earlier threats from DDT, where use could be haulted and a
slow recovery possible, if rogue hybrid seeds get lose there may be no
historical gene pool to return to. If there were ever an issue in which
"Go Slow" was the wise course, this is one. I suspect that this is being
fast tracked simply because the more people know about it the more
people will opt for a cautious go slow strategy. Worrysome!

Sam Lanfranco, CANCHID ListMgt


Rural Advancement Foundation International
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www.rafi.org  |  [log in to unmask]

News Release - 17 February 1999

NOTE:

French language version to follow very shortly and will be available at

http://www.rafi.org/pr/

***  Legal "Terminator" Threatens Francophone Africa's Farmers  ***

   Right to Save Seed in Poor Countries May be Eliminated
   ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
   as 15 African States are Pressured to Accept UPOV '91
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Fifteen Francophone African states, among them some of the poorest
countries in the world, are under pressure to sign away the right of
more than 20 million small-holder farmers to save and exchange crop
seed.  The decision to abandon Africa's 12,000-year tradition of seed
saving will be finalized at a meeting February 22-25 in the Central
African Republic. The 15 governments have been told to adopt draconian
intellectual property legislation for plant varieties in order to
conform to a provision in the
World Trade Organization (WTO) that obliges signatories to "protect"
plant varieties.  The legislation (a kind of legal "Terminator" because
it prohibits farmers from replanting "protected" seed) is also known,
euphemistically, as "Plant Breeders' Rights".  If adopted, the
legislation will throw some of Africa's poorest countries into an
intellectual property cartel dominated by a handful of OECD states led
by the USA, the UK, and Japan.

During meetings in East Africa a few days ago, RAFI's Pat Mooney and
Hope Shand learned that OAPI (l'Organisation Africaine de la Propriete
Intellectuelle/African Intellectual Property Organization) has agreed to
adopt "UPOV 91" - the world's most restrictive form of Plant Breeders'
Rights.  The Convention is managed by the Union for the Protection of
New Varieties of Plants (UPOV) - a subsidiary treaty of the Geneva-based
World Intellectual Property Organization (WIPO).

"Francophone African countries are being bullied into adopting UPOV'91",
says Pat Mooney, "even though the WTO is about to conduct a review of
its plant variety 'protection' clause."  Adds Hope Shand, "The review is
not expected to be completed before 2001.  Many analysts predict that a
whole new trade negotiating round may be launched before the review is
completed."  "African patent offices are being asked to climb on a wagon
other countries in other regions may never accept," agrees Pat Mooney,
"Conceivably, a new trade round could render compliance unnecessary.
Since six of the 15 OAPI states are "least developed countries"
(according to UNDP definitions), regardless of the review or a new
negotiating round,
they have until at least 2006 before they have to introduce any kind of
legislation. " "In a worst case scenario," Hope Shand concludes, "OAPI
members would still have the option to accept legislation that would
allow farmers to save, re-use, and even sell purchased seed.  Where is
the pressure coming from and why are sovereign countries selling off the
historic rights of their farmers?"

Urgent Action: RAFI is writing to each of the 15 OAPI countries,
contacting both Ministers of Agriculture and Ministers responsible for
patent offices. "Depending on the country," Pat Mooney notes, "between
one-fifth and one-half of all the farmers are small-holders who depend
heavily on their ability to save seed in order to keep production
reliable and costs low. There are at least 20 million such farmers in
OAPI states," Mooney says, "Next week's decision could be a major blow
to the region's food security. We suspect that most Agriculture
Ministers don't even know what their patent offices are proposing to
do."

What is OAPI?  The precursor to OAPI was established on September 13,
1962, by 12 francophone African heads of state.  It was called the
"Office Africain et Malgache de la Propriete Industrielle (OAMPI).  The
agreement establishing OAMPI was revised in Bangui, Central African
Republic on March 27, 1977, and gave birth to OAPI, the "Organisation
Africaine de la Propriete Intellectuelle". It has 15 members: Benin,
Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Djibouti,
Gabon, Guinea, Ivory Coast, Niger, Mali, Mauritania, Senegal, Togo.  Of
these, the following are considered least developed countries by UNDP:
Burkina Faso, Central African Republic, Guinea, Mali, Mauritania, and
Togo.

What is UPOV 91?  The original international Plant Breeders' Rights
convention was adopted in Paris in 1961.  Since then, the Convention has
been amended several times and two forms of PBR are now in common use.
Most UPOV members, in fact, adhere to its 1978 convention, which is
widely interpreted by governments to allow farmers to save and exchange
seed. UPOV's 1991 convention, however, assumes that farmers cannot save
seed unless governments permit specific exceptions.  Around the world,
1.4 billion people depend on the ability of small-holder farmers to save
seed for their family food security.  To date, the only UPOV members to
confirm the 1991 convention are Bulgaria, Denmark, Germany, Israel,
Japan, Netherlands, Moldova, Russia, Sweden, UK, and USA.  If OAPI bows
to WTO and UPOV pressure during the meeting February 22-25, the 15
francophone African States will more than double the Convention's roster
of members.

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