Juliana Santilli,

1. Innovating to enhance agrobiodiversity, recognize collective intellectual rights and enable more social equity Juliana Santilli, Local populations, agrobiodiversity and traditional knowledge (PACTA), Brazil, IRD and Unicamp 1

2. Agrobiodiversity Species diversity Varieties diversity 2

3. Agroecossystems Terraços de arroz-Filipinas Chinampas- México Monocultura de soja-PR 3 Sistema agroflorestal-RS

4. Associated sociocultural diversity 4th level of agrobiodiversity: socioeconomic and cultural systems that create, maintain and enrich agrobiodiversity Role of traditional/local farmers in the domestication of plants and landscapes (Clement, 2003), conservation and sustainable use of agrobiodiversity. The concept of agrobiodiversity reflects the dynamic relationship between human societies, cultivated plants and the environments where they interact 4

5. Associatedsociocultural diversity • Cultivated plants are: • “cultural artifacts”(Sauer, 1986) • “biological objects in their nature, but cultural objects in their essence” (Emperaire, 2008) • “agri-culture”

6. Agrobiodiversity conservation and sustainable use • Ex situ • In situ • On farm, through farmers’ management • (Social equity and justice: not only conservation in itself, but also strenghtening of local/traditional farming systems, empowerment of local communities and agrarian reform/access to land in southern countries) 6

7. Agrobiodiversity and food security, nutrition, health, social inclusion and environmental sustainability 7

8. Agrobiodiversity and climate change It is diversity that will allow agricultural species, varieties and agroecossystems to ajust to climate change. 8

9. Agrobiodiversity and Law • Seed Laws: • Industrial and higly-productive farming systems • Scientist/breeder as the only “innovator” X farmers “users” (Bonneuil et al, 2006) • Strict rules to seeds’ production and exchange, that undermine local practices and • Reduce legal space of traditional/local farming systems, that maintain agrobiodiversity

10. Agrobiodiversity and Law • Seed Laws: • Brazilian Seed Law: • Special legal system for local, traditional and creole seeds: developed, adapted or produced by small-scale (family) farmers, agrarian- reform farmers and Indigenous farmers • (recognizing the importante local seed systems and of seeds’ exchange through social networks) • Other examples: China, Indonesia, Cameroun, Nigeria, India, Bangladesh

11. Agrobiodiversity and Law • Intellectual property rights (UPOV system) and breeders’ rights • Example: India Sui Generis Law on Plant Variety Protection and Farmers’ Rights: • Recognizes farmers’ as breeders/innovators, and all farmers’ rights to save, use, share, exchange and sell seeds (as long as they are not labelled as protected cultivars) • New legal statutes, alternative to conventional IPRs, to encourage collaborative production (open source software, open source biology, creative commons or copyleft): balance between monopolies promoted by IPRs and the protection of public domain)

12. Agrobiodiversity and Law • Convention on Biological Diversity (CBD): state sovereignty over genetic resources, bilateral contracts between “users” and “providers” : • Implementation at local level, of ABS legal regimes • A special regime was established by FAO International Treaty on Plant Genetic Resources for Food and Agriculture (to Annex I crops): multilateral system of ABS, for crops conserved ex situ and in the public domain: common pool of resources

13. FAO International Treaty on PGRFA • First international legally-binding instrument that: Recognizes farmers’ rights Recognizes the important role played by farmers in the conservation of agrobiodiversity All parties are obliged to adopt actions, policies and programs aimed at supporting on farm conservation of agrobiodiversity 13

14. Farmers’ rights to: • Protection of traditional knowledge • Participate of benefit-sharing derived from the utilisation of genetic resources • Participate of decision-making Save, use, exchange and sell seeds conserved in their lands (according to national laws) 14

15. Farmers’rights must be implemented by each country, at the local level, and according to national laws. 15

16. Farmers’ rights: how to implement • Two possible approaches: (Andersen, 2009) • 1) “Ownership approach”: based on access and benefit-sharing laws, enacted according to CBD principles: • “prior informed consent” + “fair and equitable benefit-sharing” • (for genetic resources and traditional knowledge) 16

17. Farmers’ rights: how to implement • “Stewardship” approach: • Ensure the access to and the exchange of genetic material and traditional knowledge among farmers, so that they can continue to manage the resources of agrobiodiversity, according to their social networks and local rules: • Recognition of legal pluralism/diversity, and the legitimacy of local rules regarding the use and exchange of seeds and associated knowledge • Recognition of collective rights 17

18. Farmers’ rights: how to implement (“stewardship” approach) • Collective benefit-sharing, such as: • Public policies aimed at valuing and strenghtening local/traditional farming systems; • Rewarding environmental services, • Creation of local seed banks, • Participatory plant breeding programs, developed through partnerships between farmers and scientists, • Access of local varieties to the market under special rules (registry, production and sale), • Geographical Indications 18

19. Farmers’ rights: how to implement (“stewardship” approach) • Create “agrobiodiversity reserves”, as special protected areas, aimed at protecting wild relatives of cultivated plants and the diversity of domesticated plants on farm, with the involvement of local farmers; • Example: “Parque de la Papa” (Cuzco, Peru): Quechua-Aymara, with the support of ANDES: around 750 native potato varieties are cultivated in the park territory. • “Extractive reserves” in the Brazilian Amazon and in other parts of Brazil • IUCN category: “protected landscapes”

20. Farmers’ rights: how to implement (“stewardship” approach) • Use of cultural heritage protection instruments: • Globally Important Ingenious Agricultural Heritage Systems (GIAHs), FAO (ex: rice terraces in Philipines, oasis of the Magreb, in North Africa, rice/fish integration system in China etc) • “Cultural landscapes” (category created in 1992, UNESCO Convention on Cultural and Natural Heritage); implementation at the local level (ex: Brazil, Vale do Itajai, in the State of Santa Catarina)

21. Agrobiodiversity-rich system: protection as intangible cultural heritage • First request for registry of a traditional agricultural system, formulated by ACIMRN (Indigenous Communities of Medio Rio Negro, Brazilian Amazon) • with the support of the research project called PACTA (Emperaire, Van Velthem, Oliveira, 2008) Laure Emperaire 21

22. THANK YOU VERY MUCH !!! • juliana.santilli@superig.com.br