SUNS4501 Wednesday 2 September 1999

Pakistan: Monsanto fiddles with plant protection act

Islamabad, Aug 31 (IPS/Muddassir Rizvi) -- The U.S seed transnational (TNC) Monsanto has been working
overtime to get Pakistan to dilute a proposed law that will extend protection to plant varieties under the Trade
Related Property Rights (TRIPs) agreement.

Officials in the Pakistani Ministry of Food and Agriculture say Monsanto has been sending "unsolicited
suggestions" for incorporation into the Plant Breeders Rights Act, being devised to meet international obligations under the TRIPs agreement.

"Monsanto is also pulling powerful strings to influence the legislative process in its favour sending letters to
government officials, holding meetings with politicians," commented an official of the ministry, requesting not to be named.

The TRIPS agreement requires signatories to extend protection to plant varieties either through patents or a sui generis system.

Pakistan has opted for the latter or a locally devised system in order to provide maximum protection to farmers against seed TNCs that are now eyeing the lucrative seed markets in developing countries.

A government committee with representatives from the ministries of commerce, agriculture and industries is
working on a draft Plant Breeders Act 1999.
An NGO representative Dr Shahid Zia, Research Fellow with the Islamabad-based Sustainable Development
Policy Institute (SDPI), has also been included in the committee.

"The proposed law would allow the farmers to save, retain and exchange seeds, although they will be barred
from using the seed for commercial exploitation," Dr Zia told IPS, adding that the law proposed protection for
a period of 20 to 25 years.

Formed on August 6, the committee has already held two meetings and has been able to come out with the first draft that proposes adequate safeguards against transgenic seed varieties from entering the Pakistani market.

"The proposed law requires a genetically modified or a transgenic plant to clear tough environmental impact
and biosafety assessments before being given protection," said Dr Zia.

The proposed law will also bind the owner of the genetically modified or new transgenic variety to pay
compensation for hazards and damages, if caused by the use and handling of the transgenic variety.

"In such cases, assessment of such hazards and damages shall be decided by the bio-safety committee," reads
a clause in the draft law. This has prompted Monsanto to make representations with the government.

In a letter to the chief of the government's Seed Certification Department dated August 16, Monsanto's
Managing Director Dr A Rehman Khan has asked for the deletion of this clause saying it will be unacceptable
to the TNC.

"In the presence of this clause, anybody from public can sue us and ask for compensation for hazards and
damages which are kind of open ended risks. Hence, take out this clause," said Khan in his fax.

"Again I repeat that this clause is not acceptable to any multinational company and it should not be different
than any non-transgenic variety," Khan said.

After tough resistance to its terminator technology in the industrialised countries, Monsanto is now eyeing India, Pakistan and China to push its genetically engineered seeds, whose biosafety impacts are still uncertain.

Scientists believe that the 'sterility trait' from first- generation seed will infect via pollen neighbouring fields of open-pollinated crops and wild relatives growing nearby. "Given that the technology is new and untested on a large scale, biosafety issues remain a valid and extremely important concern," argues the Canada-based Rural Advancement Foundation International, an ardent opponent of terminator technology.

"Monsanto is planning to begin trials of its transgenic seeds in either Sahiwal or Faisalabad districts of the
Punjab province," said Irfan Ahmed, editor of the Seed Magazine, at a consultation on Plant Breeders Rights
organized by SDPI in Islamabad last week.

While 240 local companies are marketing seeds developed by public sector research institutions, TNCs,
including DuPont, Monsanto, Novartis, Pioneer Group, AgriVo and ICI, are waiting to enter the market once introduces legislation to protect plant varieties is in place.

Although the proposed law has provided for adequate safeguards against transgenic varieties, it has certain other flaws that need to be rectified.

"The proposed law bars farmers from commercial exploitation of seed but the law is not clear what commercial exploitation is. Does it mean that farmers will not be able to sell part of their crop in the market, as they have been traditionally doing?" Dr. Zia demands to know.

Government officials are defending the draft law, saying it will not impact local farmers who will be free to
save, exchange and share seeds.

"The law will provide incentives in the shape of royalties to public sector research institutions and agriculture
scientists to develop new high quality seeds," said Dr Akhlaque Ahmed, head of the Seed Certification
Department.

Public sector research institutions account for more than 90% of new plant varieties introduced in the country,
while the rest are developed by farmers themselves.

"The law should ensure that the interests of the farmers rather than the TNCs are protected," said Mushtaq Gadi who works for the Sustainable Agriculture Action Group (SAAG), an NGO.

"Ideally, the government should interpret the sui generis system in the light of the Convention on Biological
Diversity that talks about the rights of local communities on genetic resources and biodiversity," Gadi said.