Talks on the enhancement of the Multilateral Mechanism for the functioning of access and benefit sharing failed at the 11th meeting of the Governing Body (GB11) of the International Treaty on Plant Genetic Resources for Food and Agriculture. The issue would be taken up at intersessional meetings before the Twelfth Governing Body meeting (GB12).
During the six-day meeting in Lima, Peru, discussions on the subject were held in closed door meetings. Though deliberations continued even through the last day, delegates failed to come to a consensus and a Chair’s compromise proposal draft text was presented at the fag end of the last plenary meeting on November 29.
The Chair’s text suggested that members adopt at least the revised Standard Material Transfer Agreement (SMTA). Decision on the payment rates and thresholds will be taken only at GB12 and then integrated in the adopted revised SMTA, the text proposed. The text also supported the expansion of Annex I of the Treaty but the exact expansion would again be finalised at GB12. For this, an Ad Hoc Technical Expert Group on Annex 1 Expansion will be established. It was also mentioned that the list would be prepared using the Food and Agriculture Organization’s The Plants that Feed the World report. On the issue of digital sequence information (DSI), an Ad Hoc Advisory Group would be established to figure out how it can be integrated in the Treaty.
The Chair, Alwin Kopše, suggested that the text could be adopted now and then finalised in the next Governing Body Meeting.
Both developing and developed countries were not willing to do so as the text for negotiation was presented too late in the meeting.
India, speaking for developing countries in Asia, the Latin America and Caribbean group, and Near East, expressed concerns over lack of transparency in the process. They stressed their disagreement with the payment architecture and provisions on DSI/Genetic Sequence Data (GSD) in the revised SMTA, further highlighting confidentiality-related conflicts; and suggested “taking note of” the proposal, for consideration at GB12.
Farmer and scientist groups in India, who were following the discussions in the closed-door meetings, had demanded earlier that the government delegation reject these proposals.
The discussions on the enhancement of the Multilateral System (MLS) have progressed in spurts since 2013. The discussions failed in 2019 but were resumed again in 2022. But there have always been concerns about these talks.
The crucial areas of concern identified are related to DSI/GSD, expansion of Annex I, and payment structure and rates. For example, under the proposal of expansion of the Annex 1, the effort is to increase the genetic resources covered under the MLS from the current 64 selected crops/forages to all plant genetic resources for food and agriculture. Biodiversity-rich countries argued that this proposal undermines the sovereign rights of contracting parties over their genetic resources and that it departs from the original understanding of the MLS and alters the structure of the Treaty itself. For more details of the negotiations on the enhancement process see CSE’s factsheet, Food on the Negotiation Table.
The GB11 continued late and concluded at 12:05 am on November 29.