Connect with us

NGO WORK

Defending peasants’ rights to seeds and genetic resources, against the biopiracy

Published

on

The International Planning Committee on Food Sovereignty’s (IPC) Working Group on Agrobiodiversity is in Rome this week to participate in the Open-Ended Working Group negotiations. The aim is to enhance the functioning of the Multilateral System, and to fight the private interests that try to get rid of their obligations as set by the FAO Plant Treaty 20 years ago. La Via Campesina members are also part of this group in the Rome meeting, to defend peasants’ rights to seeds and genetic resources, against the biopiracy of the seed industry supported by rich countries.

What is the Multilateral System?

The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) was adopted by the Thirty-First Session of the Conference of the Food and Agriculture Organization of the United Nations on 3 November 2001. The Treaty’s Multilateral System, puts 64 of our most important crops – crops that together account for 80 percent of the food we derive from plants – into an easily accessible global pool of genetic resources that is freely available to potential users in the Treaty’s ratifying nations for some uses.

Most of these samples have been collected from the fields of the farmers who selected them and reproduced them from generation to generation. They represent nearly 40% of the samples stored in germplasm banks. Sixty percent of them come from national collections, 5% from private collections and 35% from international seed banks (CGIAR).

Agriculture needs an enabling access and benefit-sharing system. Such a system should recognize interdependence, trigger the exchange of genetic material of plant origin on a multilateral and facilitated basis. But most importantly such a system must instill fairness and recognize that the global pool to which access is facilitated is continuously enriched by the contributions of farmers worldwide.

A practical and fair access and benefit-sharing system must ensure that genetic resources continue to flow worldwide, while those individuals who selected and conserve those resources are adequately rewarded.

How the access to the Multilateral System works?

The mechanism for obtaining specific genetic resources is through a standardized contract referred to as a “Standard Material Transfer Agreement (SMTA). The SMTA is a binding private bilateral contract between the provider and recipient which states the terms and conditions for use of the genetic resource.

According to the IPC, “Governments, when they negotiated the mechanism, limited the application of the Multilateral System to resources that they could manage and control directly, since most of them are held in national germplasm banks. Plant genetic resources in the public domain should be considered as those which are not the subject of intellectual property rights…[]..Facilitated access through the multilateral system is for the purposes of utilization and conservation for research, breeding and training for food and agriculture… Such purposes do not include chemical, pharmaceutical and/or other non-food/feed industrial uses.”

How the benefit sharing mechanism should work?

The ITPGRFA sets forth the basic structure of monetary benefit sharing under the Multilateral System, but it is the SMTA that defines how much is to be shared.

The beneficiary who markets products (containing PGRFA or genetic parts or components of PGRFA from the Multilateral System) with restrictions has two alternative options for monetary benefit sharing:

  • he or she pays 0.77 per cent on the net sales of the commercialized product with restrictions for a period corresponding to the duration of such restriction (for instance, 20 years in the case of intellectual property rights-based restrictions), OR
  • he pays 0.5 per cent on the sales of all PGRFA products of the same crop to which the accessed material belongs for 10 years (renewable).

In this second case, the payment is higher and in return, the beneficiary can access all the genetic material of that crop without paying for other SMTAs.

SMTA-generated monetary benefits flow into a multilateral fund – namely the Benefit Sharing Fund. This fund is also open to direct contributions and benefits arising from the use of PGRFA that are shared under the multilateral system would flow primarily to farmers, especially in developing countries, who conserve and use PGRFA in a sustainable manner.

However, these payments are optional when commercialized seeds are available “without restriction for research and breeding”, i.e. when they are free of any intellectual property rights or covered by a plant variety right that only limits farmers’ rights and not breeders’ rights.

But industry’s not paying its share

For 15 years, no payments have been made. Seed companies holding patents restricting facilitated access (for research and breeding), which are the only ones subject to mandatory payments, do not pay by taking advantage of the absence of a traceability requirement for PGRFA trade to avoid reporting their use of PGRFA from the Multilateral System. At the time of the blockchain, however, such traceability is technically possible and exists within each company. But industry hides behind trade secrets to provide no information.

In the absence of contributions from beneficiaries, some States and private individuals made voluntary payments to initiate the Fund. Over the past years, the Fund has only raised around $10 million. In comparison, the Global Crop Diversity Trust Fund for ex situ conservation (in gene banks) mobilized $314 million from contributions from rich countries and industrial foundations. It is therefore not the lack of money that explains the negligence of the Benefit Sharing Fund, but the political choice not to pay for the work of farmers in selecting, retaining and renewing PGRFA.

To get out of the circumvention of benefit sharing by beneficiaries, the IPC Working Group on Agrobiodiversity proposes to make payments mandatory through two mechanisms.

Access to the sole information on a genetic sequence contained in a PGRFA allows today, without the need to access the physical PGRFA itself, to reconstitute this sequence in the laboratory with synthetic biology or to identify it in other plants for integration into new seeds with new biotechnologies, or by crossbreeding if it has been identified in sexually compatible plants. Such information is compiled in huge databases of data that are freely accessible via the Internet. Whatever the conclusions of current international discussions on regulating access to such genetic information for benefit sharing, no State can now control free access to the databases that compile it on the Internet.

So, while the seed industry has benefited enormously from this facilitated access to the Treaty material, they never shared the benefits equitably and the majority of States continue to adopt intellectual property laws, which violate farmers’ rights. In response to this failure, the Treaty began work in 2013 to “improve” its functioning. The Ad Hoc Open-Ended Working Group to Enhance the Functioning of the Multilateral System of Access and Benefit-Sharing was created.

Over the last five years no agreement has been reached, because differences remains between developing and reach countries. After 20 years since the Treaty entered into force, its survival is threatened by the seed industry’s refusal to pay its debt and respect farmers’ rights.

Digital Sequence Information – DSI

Recent advances in biotechnology and genetic sequencing enormously increase that risk. In fact, they allow industry plant breeders to stop working by observing the physical characteristics of plants, and to analyze on their computer screens the digital representation of their genetic sequences. Access only to the digital information of a genetic sequence (Digital Sequence Information – DSI) contained in a PGRFA now allows, without the need to access the physical PGRFA itself, to reconstitute this sequence in the laboratory with synthetic biology or to identify it in other plants for integration in new seeds with new biotechnologies, or by crosses if it has been identified in sexually compatible plants. Rich countries and industry consider that this DSI is not a genetic resource subject to prior consent and benefit-sharing obligations of the Nagoya Treaty or Protocol.

Industrialized countries make these claims even if the Treaty is very clear when it refers to the access to the physical material and the “associated information”. However, there is no agreement on this and rich countries do not take a step behind this red line.

Another main unsolved (and maybe unsolvable) issue is the payment rates in the subscription system. The industrialized countries, especially Canada, Germany and Switzerland want to set a very low payment rate of 0,011% of the sales of the material covered by the Multilateral System of the Treaty, while the payment requested by developing countries is 0,1%.

Source: La Via Campesina

Continue Reading

NGO WORK

EU: IPI welcomes action against 14 states over Anti-SLAPP Directive delays

Published

on

EU states must introduce robust measures to protect journalists and media from vexatious litigation

The International Press Institute (IPI) today welcomes the infringement proceedings initiated by the European Commission against 14 EU Member States over their inaction or delays in transposing the Anti-SLAPP Directive.

The countries included are Austria, Bulgaria, Czech Republic, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Romania, Slovakia and Spain.

The EU infringement proceedings were initiated on 15 July, with letters of formal notice sent to these Member States for failing to notify about progress made in implementing the Directive. States now have two months to respond and update about measures taken or could eventually face legal action at the European Court of Justice.

The Anti-SLAPP Directive introduced EU-wide rules which protect journalists and civil society actors from manifestly unfounded or abusive civil proceedings with cross-border implications, including early dismissal tools and remedies for targets of SLAPPs. It was adopted in April 2024 and the transposition deadline was 7 May 2026.

Monitoring by IPI shows that while in some of the countries identified, such as Greece and Spain, steps have been taken to prepare for the transposition and bills are actively in development and reportedly close to being presented to or adopted by parliament.

In others such as Bulgaria and Portugal, initial work done to develop legislation has been delayed by institutional changes, changes in governments or political instability, though transposition work remains ongoing.

In other states, such as Italy and Hungary, little to no measurable progress has yet been made on transposition. However, with the new Tisza government in Hungary driving forward media freedom reforms, there is hope the new administration will introduce initial anti-SLAPP measures in the next legislative package identified for the autumn.

While Ireland has been actively working to tackle SLAPPs through legal reforms, and passed the Defamation Bill in 2024, further legislation is required to fully transpose the Anti-SLAPP Directive during its Presidency of the Council of the EU.

Although these 14 countries have been identified in the EU action, monitoring and analyses show that the overall picture for implementation of the Directive across the EU remains fragmented and uneven.

According to the European Anti-SLAPP Monitor, almost all EU Member States missed the May 2026 transposition deadline, with only a handful fully implementing on time.

IPI notes that even in those Member States where the Directive was implemented, such as Malta, these reforms only included minimum standards protecting against cross-border cases, and failed to include measures to safeguard against domestic SLAPPs.

In the wake of the EU’s opening of initial infringement action, IPI renews our call – made previously with Media Freedom Rapid Response (MFRR) partners – for Member States to demonstrate their commitment to media freedom by accelerating their legislative processes in protecting against SLAPPs. This includes the 14 countries identified by the EU Commission and those in which reforms have been presented but not yet adopted.

Crucially, legislative reforms should both fully reflect both the letter and the spirit of the Anti-SLAPP Directive and introduce the substantive and procedural safeguards set out in the EU and Council of Europe Recommendation on SLAPPs.

A model here should be Poland, where last month the President approved a law which covers both domestic and cross-border SLAPPs, ensuring implementation of both EU Directive and Council of Europe Recommendation.

Member States which continue to delay or fail to transpose the directive should face legal action from the Commission, which must use all tools at its disposal to help safeguard media freedom across the bloc.

IPI, which has advocated at the EU and national level for measures to protect journalists and media from SLAPPs, will continue to monitor implementation in collaboration with European partners, including through MFRR media freedom missions.

Source: ipi.media/

Continue Reading

NGO WORK

No Heritage Without its People: Why Ngorongoro Cannot be a World Heritage Site and an Eviction Zone

Published

on

The Tanzanian government, under the guise of “conservation,” restricts Maasai livelihoods and denies access to essential services forcing Indigenous residents away from their ancestral lands and turning their heritage into a playground for safari tourists.

As the 48th Session of the World Heritage Committee begins July 19, UNESCO continues to legitimize the continued forced displacement of the Maasai from Ngorongoro. If UNESCO cannot ensure that the World Heritage designation protects the rights of its Indigenous custodians, then the Committee must remove the Ngorongoro Conservation Area from the World Heritage List.

Increased international pressure is imperative to hold UNESCO accountable and protect the lives and rights of the Maasai!

Read our Open Letter to the World Heritage Committee.

Source: oaklandinstitute.org

Continue Reading

NGO WORK

Rush: Global Scramble for Minerals Wages War on People and Planet

Published

on

As governments and corporations scramble to secure critical minerals, a new Oakland Institute report exposes the forces fueling today’s unprecedented mining boom. RUSH: Global Scramble for Minerals Wages War on People and Planet dismantles the dominant narrative that massive amounts of minerals are needed for the energy transition, revealing instead a potent convergence of political, military, and corporate interests racing to control the resources that underpin modern warfare and artificial intelligence.

“Securing access to critical minerals is reshaping international relations and foreign aid as competition between the US and China becomes a new geopolitical battleground,” said Anuradha Mittal, Executive Director of the Oakland Institute. “The costs are being borne by communities around the world as this global race drives wars and violence, results in land grabs, forced displacement, devastating pollution, and the irreversible destruction of lands and livelihoods,” Mittal continued.

With the Pentagon shifting towards an “AI-first” warfighting stance, the US military-industrial complex is rapidly integrating tech and AI firms with a mutual interest in locking down critical mineral supplies. The report exposes key players positioned to profit from a resource boom already drawing trillions in investment. These include ventures tied to the Trump family, billionaire-backed outfits such as KoBold Metals, an AI-driven mining firm supported by Bill Gates, and defense-tech companies like Palantir and Anduril, among others.

To justify a massive scale up of mineral extraction, governments, corporations, and international financial institutions like the World Bank, frame critical minerals as indispensable to the green transition and as a pathway to prosperity for the Global South. However, RUSH documents that more than 70 percent of critical mineral demand today comes from industries unrelated to the energy transition, including the automotive, aerospace, military, communications, and technology sectors. Rapid growth in artificial intelligence, data centers, surveillance technologies, and military spending is expected to increase this demand massively.

“Renewable energy deployment, such as wind and solar, requires only a fraction of the minerals that corporations plan to extract in the coming decades,” said Andy Currier, Oakland Institute Policy Analyst and report co-author. “But growing military demand and stockpiling of materials like copper, lithium, nickel, and cobalt will undermine the energy transition, diverting critical resources away from urgently needed climate solutions,” Currier continued.

RUSH warns that the acceleration of resource extraction poses a catastrophic threat to both ecosystems and human survival. In response, Indigenous groups and frontline communities are leading a vital, global resistance to defend their territories. It is, however, undermined by a dangerous myth that expanding extraction is necessary to fix the climate crisis.

“The report issues a resounding call to challenge this false narrative to stop the untenable rush for minerals before it becomes an irreversible global catastrophe,” warned Oakland Institute Policy Director and report co-author, Frederic Mousseau. “The stakes could not be higher. If left unchecked, the global mining rush will trigger hundreds of new mines in a short period. The resulting human and planetary devastation will be at a scale never seen before – livelihoods will be destroyed, millions will be displaced, and environmental destruction will become irreversible,” concluded Mousseau.

Read the report

Source: oaklandinstitute.org

Continue Reading

Resource Center

Legal Framework

READ BY CATEGORY

Facebook

Newsletter

Subscribe to Witness Radio's news and report updates



Trending

Subscribe to Witness Radio's news and report updates