By GRAIN

Enclosed is the consensus position drawn up at the Philippines "National Consultation on the IU and FR", attended by some 60 NGOs/POs and GOs last 7 May, as approved by Dr. Willian Dar, Director of Philippine Council for Agriculture, Forestry and Natural Resources, and forwarded today to Department of Foreign Affairs for communication to Rome.

PHILIPPINE POSITION ON THE FAO INTERNATIONAL UNDERTAKING ON PLANT GENETIC RESOURCES

As agreed during the "National Consultion on the Interntional Undertaking on Plant Genetic Resources and Farmers Rights", PCARRD Headquarters, Los Banos, 7 May 1997

SCOPE OF THE UNDERTAKING/SCOPE OF ACCESS

1. PGRFA plants and wild plants that are gathered (forestry), and their indigenous and associated knowledge.

2. Include in situ and in ex situ collection

3. Include non-commercial, underutilized, non-food crops

4. Include PGRFA during pre and post Convention on Biological Diversity

(CBD)

MECHANISMS OF ACCESS

All ex situ PGR acquired prior to CBD should be attributed to COO [country of origin] in so far as possible.

1. Multilateral system of access to ex situ collections under the auspices of FAO includes PGRFA volunteered by countries of origin and those whose countries of origin cannot be determined.

2. Bilateral system of access which covers all other PGRFA, shall be governed by PIC [prior informed consent] of the COO and linked to benefit-sharing on mutually agreed terms.

Parties shall ensure that farmers and local communities receive an equitable share in the benefits derived from the utilization of their genetic resources, traditional and indigenous knowledge, innovations and systems.

3. Unconditional access to PGRFA by small holder farmers.

4. a. Access to in situ collection shall be allowed in local communities within ancestral lands and domain of indigenous communities with PIC as per EO [Executive Order] 247.

b. Access to in situ collection not found in 4a shall be subject to PIC of the COO.

FARMERS' RIGHTS DEFINITION

In IU '89 rights arising from the past, present, and future contribution of farmers in conserving, improving and making available PGR, particularly those in the center of origin/diversity

Elements - broader, not just on PGR

- should clarify ownership of resources, associated info and knowledge - recognition of farmers innovations/knowledge

- recognition mechanism should be based on farmers' capacity/conditions;

- right over land;

- right to share in benefits

- right to utilize and access

- right to decision-making at different phase of the agricultural system

- right to organize

FARMERS' RIGHTS

1. The primacy of Farmers' Rights over intellectual property rights must be asserted.

- Upholding and protect the traditional rights of farmers and their communities to keep, use, exchange, share and market their seeds and other reproductive materials, include the right to re-use farm-saved seeds;

- Protect, promote and compensate for the use of knowledge, innovation and traditional practices of farming communities relevant to PGR conservation and sustainable use.

2. Farmers' Rights, both individual and collective, must be defined before any agreement on access to PGRFA is made.

- Adopt a system recognizing the collective rights, and rewarding the contributions of, farming communities in the development of new and useful varieties.

3. The rights of local farming communities and indigenous peoples to their PGRFA and associated knowledge and information, and access to these must be recognized.

- Adopt institutional and legal measures to ensure support to farmers' on-farm efforts to conserve and develop PGR, and the promotion of indigenous knowledge in agriculture;

- uphold and guarantee the rights of farmers to technology transfer, participation in research and access to its present and future results;

- ensure that prior informed consent of farmers and local communities is obtained before any collection of PGR is allowed.

4. The fundamental rights of indigenous communities to their ancestral land must be recognized.

1. Farmers should have access to PGR maintained in ex situ collections

- Make available to farming communities diverse seeds and planting materials, including traditional varieties;

- ensure that R and D facilities and services are made available to farmers.

6. Farmers' Rights must be defined in national sui generis legislation, with the active participation of local farming communities and indigenous peoples and recognized by the international community.

- Institutionalize farmers' involvement in agricultural policy-making including marketing and pricing policies through genuine and direct participation of farming communities in policy making bodies and mechanisms

1. Strengthen the national systems on the conservation, utilization and development of PGR. At present, the national system is very weak and the objectives are not clear. Strengthening of the national system is necessary to monitor the efforts on PGR conservation and development of PGR.

- Integratr on-farm improvement and management of PGR in the national system.

- Provide adequate support measures to the national system.

8. Uphold the right of small farmers' to the land that they till and provide immediate assistance to farmers who are facing land disputes.

9. Support farmers' efforts in the establishment of alternative market system and pricing policies.

10. Support measures for research, training and institutional capacity building activities at the local level, with the full participation of the communities concerned, including measures for the review of credit facilities and market provisions governing farmers' access to PGR, removal of financial and market barriers against the system of free exchange of PGR, and technology transfer.

11. This will require at the national level:

a. After Farmers' Rights have been defined, existing national legislation and international agreements be reviewed and concrete alternatives must be provided.

b. All countries should carry out national consultations with farming communities, their organizations and NGOs that work with them in order to assess the needs and priorities of national policies and programs for the implementation of Farmers' Rights.

c. Ensure the participation of farmers and indigenous community in international negotiations pertaining to FR and PGR. Review the system of selection of government representative in international fora.

d. These policies and programs may include specific actions to:

- examine, and if necessary change existing certification system and other legislations pertaining to PGR

- support technical improvements of on-farm genetic resources activities

- improve credit facilities affecting farmers' access to diverse planting materials; and

- increase scope for farmer participation in defining research and development priorities in the public sector.

e. Parties will finance activities supportive of national farmers rights through proceeds collected on access to PGRFA within the purview of the Undertaking;

f. NGOs and farming communities may seek support for independent activities through a grants window of the International Fund;

g. Parties shall report annually on the development and implementation of farmers' rights.

h. Ensure farmer representation in the NCPGR [National Committee on Plant Genetic Resources

i. Focus on the national implementation of FR through the creation of a multi-stakeholder working group to discuss the mechanism.