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.

A Seed for Change

In the wake of the 2008 worldwide economic crisis, filmmaker Alexandros Ikonomidis watches his optimism and income fade away as he comes to the realization that he is unable to sustain himself anymore. Overwhelmed with worry about things he used to take for granted, like the shrinking size of his grocery list, he spends most of his time sitting in isolation to avoid spending any money at all.

After extensive research, he is convinced that growing his own food, without the need of a financial income, is the key to a viable solution for the global depression that was detracting from the modern lifestyle – everything linked back to agricultural seeds.

As seeds have become patented, genetically locked, and in the hands of very few private companies, Ikonomidis embarks on a journey to look for lost reproducible seeds and the know-how for growing his own food for free—a simple individualistic solution that soon proved to be a very complex global problem.

Directed by Alexandros Ikonomidis
Produced by Alexandros Ikonomidis
Written by Alexandros Ikonomidis
Country – Greece
75 mins.
Subtitled

http://schedule.sbiff.org/films-events/2016475046

Independent Greek film maker Alex Ikonomidis sent me an email about a screening for his new film A Seed for Change. I have posted about this before. As far as I know, the film can only be seen if you’re lucky enough to live near one of the screenings. If you live in southern California you can see it at the Santa Barbara International Film Festival on the 5th and 6th of February. The Facebook event is here. Also his Facebook page has more information.

I haven’t actually seen the film, and so can’t vouch for the contents. If any readers of this blog get a chance to see it, I hope you’ll report back here and let us all know what you think.

More on OSSI, Clarity and Risks

Real Seed Catalogue in the UK

I have been looking at some of the seed offerings coming out for 2019. I came across this listing, and it’s given me some thought. If you compare it for example to this:

Adaptive Seeds, Oregon

I would assume both these varieties are what they are labelled. I don’t think either Ben or Andrew and Sarah have any reason to lie or misrepresent what they sell.

At the same time, there are lots of questions in my mind about these mixes. For example, lettuce will not normally cross when saving seeds unless hand pollinated. Ben specifically mentions his mix contains crosses. I do not see the exact variety name of the Real Seed Lettuce on the OSSI website, but see several similar ones. The description also mentions some varieties have been added, but by who is not completely clear. It is labelled as an OSSI variety, but is it possible some non-OSSI seeds have been mixed in and not crossed? This could mean the OSSI status is mixed, and some of the seed grown will be OSSI and some not. If I cared if this was an OSSI variety, this would be very important.

What about the mix from Adaptive? It’s not labelled as OSSI, nor is it listed on the OSSI website. Andrew and Sarah live a few hours drive from Frank Morton, and I’m pretty sure they all know each other. Is it possible some of the seeds from Frank’s OSSI lettuce have found their way into the Adaptive mix? If I was looking for non-OSSI seeds this would be really important to know.

If I wanted to buy either of these seeds, and I wanted OSSI or non-OSSI seeds, I could sort this out with an email or two. I’m sure both seed companies know where their seeds came from and could give me an answer one way or another.

What about 10-20 years from now? Suppose some of this lettuce, possibly with a different variety name, ended up in a completely different seed company? A DNA test could show where the seeds came from, but there probably wouldn’t be any other way. There’s also no guarantee there would be enough public DNA records to establish this conclusively.

OSSI seeds are threatening to contaminate seed collections all over the world in this way. This is just like Monsanto’s GMOs contaminating a neighboring farm, and the victim being sued by Monsanto for stealing their genes. The only difference is these genes are being spread by seed savers.

As much as I believe that both Adaptive and Real Seeds sell perfectly fine seeds, if I was trying to collect non-OSSI seeds, I would probably buy them somewhere else so there could be no confusion.

Lies and More Lies

Everything I’ve been able to establish about OSSI is that it’s a lie. I’ve written about this before, but it has nothing to do with open source software. Seeds are living things and not computer software, they just work differently and the laws governing them are different. It’s very unlikely Jack Kloppenburg just dreamed this up, or is doing it out of the goodness in his heart. There’s billions of dollars behind this in Europe and elsewhere, and everything is meticulously planned.

If some of you have been promised money, or think that profits are going into some sort of benefits fund or a not for profit organization, this is not very likely. I know very little about the organization behind the OSSI in Europe, but it isn’t driven by anyone in the seed movement here. It’s controlled by unknown people, and their intentions are not clear. Historically benefit sharing in relation to seeds has taken place in the form of a fund that loans money to farmers and is intended to itself make a profit. There have been other cases of farmers being paid a very small amount of money to breed a seed variety, that gets patented and the farmer themselves no longer has the right to grow that variety without purchasing seeds. It’s generally the intention to maintain the poverty of the person receiving the benefit. It’s very unlikely any meaningful amount of money will get paid out in any useful way. There’s certainly lots of money involved, but none of us are likely to see it.

It’s unlikely OSSI will be useful to protect against patents or other IPR. In theory it should not be possible to patent seeds in Europe, but it does sometimes still happen. In the US I don’t know of any legal mechanism to prevent seed patents with OSSI. The situation with patents in general is very messed up, both in Europe and worldwide. While there’s an urgent need for reform, it needs to include all seeds not just those protected by OSSI, and it needs to include many other sectors of the economy.

The only reason for OSSI is because outside of the US there is now full privatization of seeds, and there’s a rush to own the biological diversity in the US.

In the US all biological diversity is already in the commons. The OSSI is not necessary to establish this. There are exceptions to this however, according to some treaties: If the breeder makes known his or her wishes, like with the OSSI, ownership can be established outside of the US.

It can be deposited into a genebank and covered by the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). When a material is requested from a genebank, the ownership of the material itself remains with the genebank and is not transferred to the requester. The US joined this treaty on 13 March 2018, so all material received from USDA genebanks after this date is owned by the genebank.

If you signed an SMTA when receiving the material, the genebank also retains ownership.

All other genetic material in the US is owned by the person owning the seeds!

It’s really a travesty that president Trump authorized the US joining the ITPGRFA.

If you have seeds that aren’t obtained directly, or are progeny from, seeds from a US genebank after 13 March 2018, and you haven’t signed an SMTA, and aren’t directly from an organization like the Seed Savers Exchange who has submitted their collection under the terms of the ITPGRFA, and are not OSSI or similar, you can probably sell ownership of them in other countries. Don’t give up this right without a good reason.

There are no labeling rules on seeds however, so it’s really important you get your seeds from a trusted source, and you know where they came from. There is a very real possibility of intentional contamination of public domain seeds in the US, and everyone should be on the lookout for that happening.