WHY WE MUST OPPOSE GENETICALLY MODIFIED SEEDS?

A Brief prepared by Pakistan Kissan Mazdoor Tehreek and Roots for Equity

Seed was born free. It has multiple functions: it is the reservoir of genetic resources, it is the basic unit for our food, it holds life in its core, essential for maintain human and all life on this planet.  Commodification of seed is commodification of life!

Following are some points elaborated to highlight why Sojhla for Social Change, Pakistan Kissan Mazdoor Tehreek (PKMT), Roots for Equity and other people’s and civil society organizations have been opposing in general the Trade-related Aspects of Intellectual Property Rights Act (TRIPs) and specifically the Pakistan Seed (Amended) Act 2015, and the Plant Breeders Rights Act 2016.

Farmers Collective Rights over Seed and Patenting of Life Forms

Seed, a genetic resource is a gift of nature and belongs to no one person or corporation but is owned collectively. But there is no doubt, that it was farmers who over many millennia experimented, re-generated, sorted, propagated and saved seeds. It was the collective knowledge of farmers and rural communities that allowed hundred of varieties of grains, vegetables, fruits, and flowers to be domesticated for human civilization. Farmers saved seed from one generation to the next, a process that went on for millions of years. There were thousands of varieties that were developed by farmers, but even though we farmers came out with new varieties we respected and followed the rules of nature, and shared the genetic resources openly with all. We, who have our history based in the Indus Valley Civilization, were the first to domesticate seed and through our knowledge and experience pass the best of genetic resources to our generations. Therefore, we farmers believe that first seed is free; it is a carrier of life and being a living thing it cannot be shackled, it cannot be owned by individuals or companies. If at all, it is the collective property of farmers; we have been its custodians, its guardians. We have respected our position of custodians and hence shared it fully and openly with all those who wish to use it as food, as a source of health, as a source medicine and of life.

Risks to Biodiversity:

It needs to be pointed out that with the advent of Green Revolution in the 1960s, seed has been forced out of our care and custody and turned into a commodity. With corporate control over seeds, with promotion of hybrid varieties and now genetically modified seeds we have lost much of the indigenous varieties in just 50 years; genetic diversity which was saved through hundreds of millennia were lost in less than half a century!

If we allow genetically modified seeds to take over our food and agriculture this will further the process of destroying biodiversity. Hybrid varieties and genetically modified seeds are based on monoculture and uniformity; they belie the intricate interwoven complexity of all forms of biodiversity with each other. Seed has been turned into a machine whose worth is weighed by productivity. But seed’s function is not only productivity: its function is in promoting various forms of life, of which human intelligence has as yet not grasped enough to turn it into a only an addition, subtraction formula. Plant life is very complex, it’s a food chain as well as shelter for millions of other life forms from birds to reptiles, to insects and millions and millions of microorganisms.  Uniformity in plant life negates diversity of life, and is fast leading to various forms of ecological disasters.

It needs to be added, that high yielding varieties are at least not an irreversible biological change in the plant, and over time genetic material can be retrieved from these seeds. But GM seeds are formed through a biological process that is irreversible. The GM seed can carry out reproduction with natural seeds; this means vast, irreversible contamination of our genetic resources. Once GM seeds have spread in nature, it’s like having a child with genetic abnormalities – one cannot take away the defect and it will keep on producing itself, contaminating and polluting natural varieties in the environment.

Corporate Control over Food and Agriculture

Agro-chemical corporations and seed corporations have worked hard to create a legal policy framework based on which seed can be called their property. This is because seed has an amazing characteristic – even only a single seed can generate hundreds of replicas and hence it is impossible to create control over seed – this is only possible through a legal system that allows these mega-corporations to control and own life. With control over seed by profit-driven corporations, a nation loses the ability to control its food production. The corporations can choose the price at which a seed would be sold. They can easily refrain from marketing seeds in any particular country; in these times of conflict and war – seed control is only one more added dependency. Today farmers cannot decide what they would like to grow; they have to depend on what seed the corporations provide in the market and have little choice but to grow that. Please note that today, nearly all vegetables in Pakistan are grown from corporate controlled seeds and each one of them is heavily doused with toxic pesticides. This is the food that all citizens are forced to consume –rich or poor.

It is important to note that a majority of seed is now in the hands of only four big corporations: Bayer, BASF, ChemChina and Corteva; in a handful of years, these four corporations have monopolized the seed sector. These four seed corporations control 60% percent of seed sales, globally. Just ten years ago, in 2009 there were at least 100 seed companies. Only in the last 2-3 years, there have been huge mergers such as Bayer purchasing Monsanto to be the largest seed company today. In 2017, DuPont had merged with Dow to form the US Corporation DowDupont; this year the company has separated its agricultural wing and named it Corteva agriscience. Continue reading

Petitioner’s arguments concluded in Farmer’s Rights case

Press Release

Lahore, 21 February 2019: A Full Bench of the Lahore High Court heard arguments by Petitioners challenging the Seed (Amendment) Act, 2015 and the Plant Breeder’s Rights Act, 2016.

Advocate Sheraz Zaka, appearing on behalf of the NGO One-World, submitted that these laws were passed at the behest of multinational seed and GMO companies and were against the interests of farmers in Pakistan. He pointed out how these law prohibit the storage and sharing of seeds, which has been a fundamental feature of agriculture since the dawn of civilization.  The new laws would require farmers and seed companies to register new verities with the Intellectual Property Organization in Islamabad.

Advocate Ahmad Rafay Alam appearing for NGO Sojhla for Social Change argued the Plant Breeder’s Rights Act, 2016 could not have been passed by Parliament as it was a provincial subject. He pointed out the province of Punjab had taken measures to draft the Punjab Seed (Amendment) Bill and Punjab Farmer’s Rights Bill, and that the laws passed by Parliament usurped the powers of the provinces.  The laws passed by Parliament, it was submitted, failed to recognize Pakistan’s international obligations to protect Farmers’ Rights and also usurped provincial jurisdiction.  The petition filed by Sojhla for Social Change is supported by the Pakistan Kissan Mazdoor Tehreek.

A representative appearing on behalf of the Federation of Pakistan submitted the Seed (Amendment) Act, 2015 and Plant Breeder’s Rights Act, 2016 were passed keeping in view advancements in technology and the needs of seed dealers.

After hearing arguments, the Full Bench adjourned the hearing of the matter to 26 February 2019 for arguments by the Federation of Pakistan.

Full Bench hears petition challenging Plant Breeder’s Rights Act, 2016 and Seed (Amendment) Act, 2015

Press Release

Lahore, 18 February:  A Full Bench of the Lahore High Court led by Mr. Justice Mazahar Ali Akbar Naqvi and comprising Justices Shahid Bilal Hassan and Muhammad Waheed Khan heard petitions challenging the vires of the Plant Breeder’s Rights Act, 2016 and the Seed (Amendment) Act, 2015.

Separate petitions had been filed by Sojhla for Social Change and Human-Voice, both civil society and farmers’ organizations, seeking to declare both laws in violation of farmers’ rights.  It is alleged these laws were passed at the behest of multinational seed companies and not with the interest of Pakistani farmers in mind.

Ahmad Rafay Alam, counsel for Sojhla for Social Change, argued Parliament could not have passed legislation amending the Seed Act, 1976 as the Constitution envisages such legislation to be made by Provincial Assemblies.  Similarly, Parliament exceeded its legislative jurisdiction in passing the Plant Breeder’s Rights Act, 1906 as this subject was not enumerated in the Federal Legislative List.  He argued there was a democratic deficit in the legislation as they had been passed without hearing the voices of farmers.  The petition by Sojhla for Social Change is supported by the Pakistan Kissan Mazdoor Tehreek.

Sheraz Zaka, counsel for Human Voice, submitted that farmers’ rights could not be sacrificed in the interest of multinational seed and food companies.

Pakistan is signatory to the International Treaty on Plant Genetic Resources for Food and Agriculture, which recognizes the enormous contribution of farmers in the conservation and development of plant genetic resources that constitute the basis of food and agriculture around the world.  The Treaty requires contracting parties to take measures to protect and promote farmer’s rights.  The petitioners argue the Plant Breeder’s Rights Act, 2016 ignores farmers’ rights and gives preference to multinational seed companies and corporate farming.

After hearing arguments, the Full Bench directed notice be issued to the Attorney General and adjourned the case for hearing this Thursday.