New Genomic Techniques (NGTs)

The EU Commission is proposing legalizing and regulating NGTs. I’m cautiously optimistic, and think this will be a useful tool for seed savers and others working in biodiversity.

NGTs are mutagenesis (where the natural mutation of plant materials is sped up with for example X-rays or one of a number of chemicals, including some common household substances) and cisgenesis (one of a number of techniques where genes are manipulated within the same species). In the case of mutagenesys, I’m aware of seed savers already doing this for years. In both cases it’s unlikely anyone could make plant material that couldn’t already exist in nature, and because you are always working within the same species, there’s no meaningful risk of contamination of other plants or setting something free in the wild.

NGTs are really a new generation of GMOs, that shouldn’t be confused with what was used decades ago. NGTs should only be thought of as a tool that speeds up traditional plant breeding.

The intention is that only seeds will be labeled when made from these new techniques, and not food. Some people will find this disturbing, because it will no longer be possible to choose an alternative in the supermarket. I think everyone should understand that once these techniques are legalized, it’s very likely nearly all food will be made from NGTs.

Nagoya Protocol and OSSI

On a more technical side, those working with biodiversity will be interested to know NGTs can be used to get around the Nagoya protocol and OSSI. Both of these are dependent on the pedigree of genetic material. This can be compared to for example a DNA test in humans, which can determine who your ancestors were, as well as your relationship to living relatives. NGTs can be used to scramble this information in genetic materials and in any case you are technically creating new life, which is not covered by these rules.

In general, these techniques will provide a lot of privacy to seed savers. Currently a lot can be revealed by the DNA in their seeds, and NGTs can be used to scramble this information.

Why Access and Benefits Sharing is Neither

Access and Benefits Sharing

This is currently at the heart of The Convention on Biological Diversity (CBD). In principle, what it means is that the world’s genetic resources are available for everyone to use, and everyone is guaranteed access. In addition, there is a predefined mechanism that ensures people who work with biodiversity are paid fairly for what they do. While this sounds very laudable, it couldn’t be any further from reality.

The Collection

The first step was defining what exactly were the world’s genetic resources, and putting them in a central place. The place was the global seed vault in Svalbard, Norway. The plant materials were supposed to be donated by their owners, but this too was far from reality. Most countries just declared their genetic resources as owned by the treaty, so all that had to be done was find and seize them.

In other cases the person in possession was deemed the ‘owner’, and consent was all that was necessary was to obtain a sample. In almost all cases there insufficient information for informed consent. It was simply common practice to share samples of seeds with others. In addition, these often involved seeds bred hundreds of years before, and it was impossible to get the consent from the original owner(s).

In the US the head of the largest Seed Saving organization the Seed Savers Exchange refused to give his consent, so he was thrown out of the organization. In an equally unfriendly way, the largest European organization Arche Noah lost their collection. Organizations were infiltrated, seeds were seized or samples of everything obtained. Public and private seed collections were absorbed, and often every effort made to ensure unofficial seeds were put beyond use. In the first Golf war, Iraq’s seed collection was bombed, to put it out of use. It was really impossible for anyone to say no to having their seeds seized, and original contributors of seed samples to collections were not consulted.

Access

In principle, anyone who wishes to work with biodiversity can request a seed sample from a local genebank. It’s the assumption that the use of seeds will be monetized, so for example people suspected of just being simple gardeners may not have access. It is however a very firm principle that the seeds belong to the CBD, and those requesting a seed sample are only borrowing the genes inside the seeds. This is often established on the national level by treaty, and sometimes it’s necessary to also sign a written agreement so complicated that many lawyers could not say what the consequences of it might be. The use of the seeds come with administrative requirements beyond the ability of most seed savers, independent plant breeders or small businesses.

Many seeds currently in genebanks are degrading. All seeds need to be regenerated periodically, or they will die. In addition the methods used are the most cost effective and sometimes flawed, resulting in the loss of genetic information. In order to truly preserve seeds, regeneration needs to be done ‘in-situ’, that is on real farms or gardens. Seeds regenerated in geenbanks do not adapt to changes in climate or the emergence of new pests and diseases.

The principle behind obtaining seed samples from a genebank is that the genes inside the seeds will eventually be used commercially, and royalties will need to be paid for this. If the genetic material is eventually sold, for example to a home gardener, this person will only have a legal right to plant the seeds and use the products of this. The end user does not have the right to save seeds, replant them, share with others or otherwise use the biodiversity.

The proper use of biodiversity is enforced with DNA tests. Just like it’s possible to determine who your ancestors were with a DNA test, in the same way it’s possible to determine where your seeds came from. Since people plant seeds and use biodiversity, there are major privacy implications with these DNA tests.

In principle, ordinary seed savers and individuals do not have to follow these rules, but again the reality is something very different. Exactly who is a simple seed saver and who is an entrepreneur, or an actor, or a user of biodiversity is under intense discussion at the moment. It’s not clear who has to follow what rules. In addition, everyone is bound by the legality of obtaining seed samples from a genebank, and everyone is subject to a lawsuit or criminal prosecution.

In addition, since Access and Benefit Sharing amounts to privatization, someone owns the genes in the seeds you are using. That means, even if you are a seed saver or individual and not subject to the rules and administration of using those seeds, you still need to think about who is ultimately going to get the royalties, what conditions are going to be imposed on the end user, what the royalties are going to cost and so on. Plant breeding is difficult enough, and plant breeders often struggle to find the single gene they need for a particular trait. Combining all of these aspects makes things almost impossible.

There is the argument that yes, plant breeding and seed saving will become too complicated for an individual to manage, so what’s necessary is to joining an association or organization. The reality is everyone working with seeds needs to involve themselves with hard core capitalism.

Benefit Sharing

The benefit sharing part are the royalties someone pays. In theory you, or the organization you belong to, can negotiate a cut of the profits. This is assuming you produce a commercially product. Since the seeds are ultimately owned by the worlds wealthiest families and individuals, they will certainly benefit the most.

In theory, all the world’s biodiversity has been collected and cataloged as part of the CBD. The reality is the US is not a formal part of this treaty, but in fact offers a great deal of cooperation. This means under some circumstances, some biodiversity in the US is still ‘free’. This offers some possibilities to work around the CBD, but as a result countries all over the world cracking down on importing ‘illegal’ seeds, creating a cat and mouse game that’s adding another layer of complexity on everything else.

Unworkable

This entire approach is unworkable. The world has changed since the idea of Access and Benefit Sharing first came about, and it’s not necessary to fund biodiversity in this way anymore. There is a huge amount of damage caused by the collection of biodiversity and storing in genebanks. There are many flawed assumptions about the level of cooperation people will offer, and what technology is capable of achieving.

Our house is on fire, and it’s time to move on from all of this.

Simply maintaining all seeds as public domain was a viable solution for hundreds of years, and people are able to find their own motivation for working with biodiversity on these terms.

Kunming CBD Wish List

In October Convention of Biological Diversity delegates will travel to Kunming for the delayed Conference of the Parties. In the hope my opinion matters, here’s a wish list of what I think needs to be accomplished in order to stimulate biodiversity.

End Nagoya Protocol: This is so complex and theoretical that no one understands what it means. This has effectively stopped the legal transfer of genetic material between people, across many scientific disciplines, and has brought the work of many people to a complete standstill. Not only should this be ended, but there should be no replacement protocol considered.

End or Adjust Worldwide Plant Health Restrictions: I have not been able to identify any working document justifying these restrictions. There doesn’t seem to be any peer-reviewed research suggesting such overly broad restrictions will have an impact on plant health, nor do there seem to be any strategy documents detailing what is attempting to be accomplished. If there are true plant health risks, and some measured restrictions might be of help mitigating these risks, then restrictions might be justified. Where there are no risks, there should be no restrictions. Where there are risks, these should be clearly explained and restrictions justified. Above all else, these restrictions should be open for democratic discussion and debate.

DNA testing and seed sample collection cannot be justified for reasons of plant health, and these should be stopped. Above all else, stop lying. If it’s not for reasons of plant health, be honest about what it’s for.

Stop DNA testing of seeds without permission of grower: DNA testing of seeds has enormous privacy implications for people using those seeds, just like DNA testing of people does. There should be no databases or analysis of those seeds unless requested by the user.

Stop the Open Source Seed Initiative: Seeds and documentation have been collected for this under misleading circumstances, and the people providing this are not aware of the true consequences of their participation. Return these seeds to the public domain.

Return all genetic materials to the public domain: Genetic materials that have been collected under the auspices of the CBD have been done so under misleading circumstances. It’s unlikely very many people have given their materials up with fully informed consent. These materials have always existed in the public domain, and the CBD has no right to them. The rules the CBD have placed on these materials makes them unusable for a great many people who could otherwise be working seriously on the greatest existential crisis the world has ever faced, global warming and biodiversity loss. The CBD should either be helping people with their work, or get out of the way. In the current direction, the CBD is a substantial hindrance.

Before the CBD these materials were always considered in the public domain. Collections were maintained and paid for by the companies making profits from their exploitation, and everyone had the right to receive free samples. We need to return to a similar situation, combined with collections funded with taxes imposed on the wealthy.

Stop all administrative burden: There should be no administrative burden for using biodiversity. No sMTA’s, no registrations or declarations. Biodiversity belongs to everyone, and no one has the right to demand paperwork just in order to use it.

Stop all patents on life: Genes exist in nature. Collecting and editing these genes do not constitute invention or innovation. Genes are naturally occurring and should not be subject to patents. Patents give too much power to the patent holders. It’s a ridiculous situation that governments must fund the research leading to COVID vaccinations, then companies are allowed to patent them and restrict their manufacture and use. It gives too much power to pharmaceutical companies to overcharge patients and ignore unprofitable treatments, especially in places without universal health care. It’s unreasonable to expect people who work to promote biodiversity to contend with patent restrictions. We need to pay for this sort of R&D with taxes on the world’s wealthy, or simply find another way.

It’s very possible millions of people in the world may die because patents on COVID vaccinations might prevent their efficient manufacture and distribution in poor countries. This must not be allowed to happen, and in any case must never happen again.

No payments for biodiversity services: The expectation of such payments was probably a factor in Bolsonaro’s encouraging the destruction of the Amazon, and there should be no payments to him for stopping what he’s doing or reversing the damage. Such payments should be discussed and debated in a democratic way, and paid for from taxes on the wealthy. There should be no automatic mechanisms that might stimulate biodiversity loss.

Existential crisis: Above all else remember the world and it’s biodiversity are in a real crisis. We all know we need to do a lot more than just stopping the release of greenhouse gases, we need to start removing CO2 from the atmosphere. If we aren’t going to wait for Elon Musk to develop the technology to suck all the CO2 out of the atmosphere, our only choice is to develop biodiversity in such a way that CO2 is sequestered in healthy farming soils, old growth forests and other living areas of biodiversity. Please get serious and act now.

A Seed for Change

Starting with the economic crisis of 2007-2008, Alex Ikonomidis wrote, produced, directed, shot and edited the film A Seed for Change. In total the film represents 7 years of work. It’s a very good representation of the seed movement of the time, with it’s passions and motivations. It includes interviews with some of Europe’s most important figures.

Alex has now released the film for everyone to view. On his website linked to above is the film with subtitles in 4 different languages; Greek, English, French and Arabic.

I hope readers of this blog will consider making a donation on his website.