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Context of 'January 23, 2006-January 27, 2006: Rich Countries and Seed Company Lobbyists Seek to Undermine Terminator Ban at Meeting of Biodiversity Convention Working Group'

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A number of agricultural biotech firms secure patents on genetic use restriction technologies (GURTs). GURT, more commonly known as “terminator” technology, involves genetically engineering seeds to grow into sterile plants. The motivation behind this technology is to provide a means for seed companies to protect their intellectual property rights. By making their seeds genetically sterile, seed companies can prevent farmers from saving and replanting proprietary seeds, thus forcing farmers to purchase new seeds every year. Critics say that biotech companies intend to use the technology to force their seeds on Third World farmers, most of whom engage in subsistence-level farming and plant only common seed. The seed industry sees these farmers as a huge untapped market. Seed savers number an estimated 1.4 billion farmers worldwide—100 million in Latin America, 300 million in Africa, and 1 billion in Asia—and are responsible for growing between 15 and 20 percent of the world’s food supply. [USPTO Patent Database, 3/3/1998; Rural Advancement Foundation International, 3/30/1998; Ecologist, 9/1998] In addition to GURT, companies are seeking to develop a similar technology, called T-GURT or genetic trait control. This technology would make plant growth or the expression of certain genes contingent on whether or not the seed or plant is exposed to certain chemicals. For example, AstraZeneca is developing a technology to produce crops that would fail to grow properly if they are not regularly exposed to the company’s chemicals. The Canadian-based Rural Advancement Foundation International (RAFI) suggests that T-GURT could serve as a platform upon which certain proprietary traits could be placed. In order to turn positive traits (e.g., herbicide-resistance) on, or negative traits (e.g., sterility) off, the farmer would need to either apply proprietary chemicals to the crops as they grow or pay to have the seeds soaked in a catalyst solution prior to planting. Critics note that this technology, like terminator technology, would require that farmers pay every year to have functioning seeds. Farmers would, in effect, be leasing the seed. Companies developing GURT and T-GURT seeds include Novartis, AstraZeneca, Monsanto, Pioneer Hi-Bred, Rhone Poulenc, and DuPont. [Rural Advancement Foundation International, 1/27/1999; Rural Advancement Foundation International, 1/30/1999; Rural Advancement Foundation International, 1/30/1999]
Critics Say: -
bullet Terminator seeds would either turn poor farmers into “bioserfs,” by requiring them to pay for their seed every year, or drive these farmers out of farming all together. Proponents counter that farmers would not be forced to buy the seed. [Rural Advancement Foundation International, 3/30/1998]
bullet If biotech seed companies were to penetrate the markets of non-industrialized countries, their seeds would replace thousands of locally grown and adapted varieties resulting in a significant loss of the world’s agricultural biodiversity. [Rural Advancement Foundation International, 3/30/1998]
bullet The use of terminator technology would allow the seed industry to expand into new sectors of the seed market, like those for self-pollinating crops such as wheat, rice, cotton, soybeans, oats and sorghum, according to the Canadian-based Rural Advancement Foundation International (RAFI). “Historically there has been little commercial interest in non-hybridized seeds such as wheat and rice because there was no way for seed companies to control reproduction. With the patent announcement, the world’s two most critical food crops—rice and wheat—staple crops for three-quarters of the world’s poor, potentially enter the realm of private monopoly.” The organization notes that according to FAO, wheat, the world’s most widely cultivated crop, was grown on 219 million hectares in 1995. Rice, which was cultivated on 149 million hectares that year, produced the most crop by weight at 542 million tons. [Rural Advancement Foundation International, 3/30/1998]
bullet Critics warn that terminator technology would threaten the farmers’ expertise in seed selection and traditional plant breeding. [India, 12/2/1998]
bullet Some scientists have warned that introducing terminator genes into the germplasm could result in the development of a virus that could disable all non-terminator seeds. “This is perfectly possible,” according to Dr. Owain Williams, of the Gaia Foundation. “Already bacteria have been developed for fixing nitrogen into corn roots, so why not a killer bacteria?” [Independent, 3/22/1998]
bullet Terminator technology is also likened to piracy. Anuradha Mittal and Peter Rosset of Food First/The Institute for Food and Development Policy, write: “Patenting genes the same way you patent software robs Third World farmers. While they and their ancestors developed almost all important food crops, transnational corporations can now blithely patent those crops and make mega profits without in any way compensating traditional farm communities for the original research. Genetic resources taken freely from southern countries will be returned to them later as pricey patented commodities. ‘Terminator’ technology is a way of locking this ‘bio-piracy’ into the very genes themselves.” [San Francisco Chronicle, 3/1/1999]
Proponents Say: -
bullet Supporters of the technology say that farmers will not be required to buy the seed and therefore will not purchase it unless they perceive some benefit from using it. Critics say that this scenario is not realistic. In a market dominated by an ever diminishing number of seed companies, selection will be limited. RAFI notes: “Current trends in seed industry consolidation, coupled with rapid declines in public sector breeding, mean that farmers are increasingly vulnerable and have far fewer options in the marketplace.” [Rural Advancement Foundation International, 3/30/1998]
bullet Some proponents argue that terminator seeds would be no different than F1 hybrids, which produce lower quality seeds than their parents. [London Times, 11/4/1998]
bullet Advocates say that terminator technology will allow the industry to safely release genetically modified plants into the environment, without the risk of contaminating related crops or wild plants. [New Scientist, 2/26/2005] Critics say that alleged benefit is outweighed by the danger terminator seeds pose to food safety, farmers’ rights, and agricultural biodiversity. [Rural Advancement Foundation International, 3/30/1998]

Timeline Tags: Seeds, Food Safety

The US Department of Agriculture (USDA) and Delta & Pine Land Company jointly obtain US patent 5,723,765 for a technology that would be used to make sterile seeds (see 1994 and after). The seeds, dubbed “terminator” seeds by critics, would grow into plants that would produce seeds that when replanted would literally kill themselves by producing a toxic protein. Delta & Pine Land has exclusive licensing rights, while the USDA would earn about 5 percent of the net sales of any commercial product using the technology. The USDA and Pine Land Co. have also applied for patents in at least 78 other countries. Delta & Pine Land says in its press release that the technology has “the prospect of opening significant worldwide seed markets to the sale of transgenic technology for crops in which seed currently is saved and used in subsequent plantings.” [USPTO Patent Database, 3/3/1998; Rural Advancement Foundation International, 3/30/1998; Ecologist, 9/1998]

Entity Tags: Delta & Pine Land Company, US Department of Agriculture

Timeline Tags: Seeds

The Scientific Body of the United Nations Convention on Biodiversity (SBSTTA) rejects proposals during a meeting in Montreal to recommend a permanent moratorium on genetic use restriction technologies (GURT). GURTs are those which use genetic engineering to restrict the growth of plants in order to protect the intellectual property rights of the seed developer. The most well-known restriction technology is “terminator” technology (see 1994 and after). Another is “traitor” technology, so named because the traits of seeds and plants produced with this technology can be genetically controlled, e.g., a certain proprietary chemical may be required in order for certain genes to be expressed. The proposal to ban GURTs was made after a report by a blue-ribbon scientific panel was presented before the SBSTTA. The report had concluded that restriction technologies are a threat to agricultural biodiversity and national food security. The delegates at the meeting reportedly agreed that the study was broadly based and well done. After listening to the report, the government of Norway proposed that the SBSTTA recommend a moratorium on field trials and commercialization of the technology. India, Portugal, Kenya, Peru, and several other countries backed the proposal. The US opposed it, as did Canada—though only the US delegation attempted to defend the technology. One of the concerns expressed by supporters of the proposal was that terminator technology could be used to strong arm poorer countries into adopting or accepting certain trade policies. Countries like the US, it was suggested, could withhold seed or the chemicals needed to sustain the growth of chemically dependent plants as a sort of ransom. With the US and Canada opposed to Norway’s proposal, an alternative resolution was drafted by Britain (and then amended by Suriname). Though different than Norway’s, Britain’s proposal would have also recommended a ban on commercialization and field trials. But this was not considered agreeable either. Finally, a “contact group” was formed, which went into private discussion. The compromise that resulted from the closed-door meeting looked nothing like either of the original proposals. Under the provisions of the compromise resolution, governments would have the option of imposing a ban on field trials and commercialization. It failed to affirm the conclusions of the Blue Panel report, making no mention of GURT posing a direct threat to biodiversity or national sovereignty over genetic resources. “I don’t know what happened in that room,” Silvia Ribeiro of Rural Advancement Foundation International (RAFI) says, “There were two reasonably strong resolutions when they went in and one very weak proposal when they came out. I think the South has been tricked.” The new proposal was then weakened even further by the efforts of Australia. Even an industry representative took a stab at weakening the proposal. “In the feeding frenzy, a representative from the seed industry became so excited that he took the floor, presumed the prerogative of a government, and proposed additional resolution text to restrict farmers’ rights to save, exchange, and sell farm-saved seed,” according to RAFI. The following day, during a plenary discussion, RAFI called attention to a little noticed provision that had been slipped into the draft by Australia as an amendment. RAFI noted that it would restrict countries’ rights to impose a moratorium on GURT by linking any moratorium to potential trade sanctions. “Shortly before the debate ended, the US delegation made an ugly and aggressive intervention that put the question to rest: The US bluntly threatened trade sanctions on countries that impose a moratorium and made clear that it was willing to use the WTO to force terminator down the world’s throat,” according to RAFI. [Rural Advancement Foundation International, 6/25/1999; Convention on Biodiversity, 6/27/1999, pp. 23-26 pdf file; Convention on Biodiversity, 6/27/1999; Rural Advancement Foundation International, 6/28/1999; Economic Times of India, 7/8/1999]

Entity Tags: Suriname, Subsidiary Body on Scientific, Technical and Technological Advice, Portugal, United States, United Kingdom, Peru, Kenya, Australia, Canada, Norway, India

Timeline Tags: Seeds

At the fifth meeting of the Convention on Biological Diversity (CBD), member countries adopt a recommendation not to approve field testing or commercialization of GURTs, also known as terminator technology, until additional scientific research has been done. The recommendation, submitted by the Convention’s Scientific Advisory Body (SBSTTA) (see June 15, 1999-June 21, 1999), also say countries should have the option to ban the technologies at the national-level if they so choose. Delegates from several of the non-industrialized countries and a number of civil society organizations are disappointed with the COP 5 decision. They wanted a complete and immediate permanent international ban on the technology because of the potentially devastating effect the technology could have on the food security and agricultural biodiversity. [Rural Advancement Foundation International, 6/16/2000] For example, the African Group’s statement calls on all countries to “immediately ban the terminator technology from respective national territories and thus, from the whole of Africa, as intolerable politically, economically and ethically and in terms of safety of plant life, and in the future, be constantly on the look out for unacceptable products of biotechnology.” [Biodiversity Convention African Group, 5/2000] Other parties calling for a complete ban on terminator technology include Kenya, the Philippines, India, Tanzania, and Malawi. [Rural Advancement Foundation International, 6/16/2000] Many countries, including most of the G77 (with the exception of Argentina) and China, though not calling for an immediate ban, nonetheless agree that GURT is a very serious issue. Noting the heavy reliance on subsistence farming of farmers in their respective countries, they say in a statement, “[W]e feel very strongly on the GURTs issue, as they may impact negatively on our agricultural biodiversity.” [Rural Advancement Foundation International, 6/16/2000] It is also noted at the meeting that portions of the SBSTTA decision are outdated. For example, the SBSTTA in making its recommendation the previous year assumed that GURTs were “not likely to be commercialized in the near future and that at this time no example of the technology has been released in either research or investigative field trial.” This can no longer be said, according to Rural Advancement Foundation International, whose monitoring of the industry has revealed that seven new terminator patents were issued to industry and public sector researchers in 1999 and that biotech company AstraZeneca has already conducted field trials on genetic trait control technology in Britain. [Rural Advancement Foundation International, 6/16/2000] The final text of the GURTs portion of the COP5 decision reads: “[I]n the current absence of reliable data on genetic use restriction technologies without which there is an inadequate basis on which to assess their potential risks, and in accordance with the precautionary approach, products incorporating such technologies should not be approved by Parties for field testing until appropriate scientific data can justify such testing, and for commercial use until appropriate, authorized and strictly controlled scientific assessments with regard to, inter alia, their ecological and socio-economic impacts and any adverse effects for biological diversity, food security and human health have been carried out in a transparent manner and the conditions for their safe and beneficial use validated. In order to enhance the capacity of all countries to address these issues, Parties should widely disseminate information on scientific assessments, including through the clearing-house mechanism, and share their expertise in this regard.” [Convention on Biodiversity, 5/2000]

Entity Tags: Parties to the Convention on Biological Diversity

Timeline Tags: Seeds

The UN Food and Agriculture Organization’s Ethics Panel meets in Rome to consider the ethical implications of recent advances in biotechnology. The panel is made up of world-renowned agronomists and ethicists. The focus of their discussion is on genetically modified organisms (GMOs) in food and agriculture, forestry, and fisheries. Following the meeting, the panel prepares a report that includes a summary of its views and lists a number of recommendations. The overriding concern of the report, completed some time in 2001, is that there is an inherent conflict between the interests of the corporations developing the technology and the social issues that GMO defenders say the technology will address. The biotech industry’s primary concern is “to maximize profits,” not to address the needs of the world’s rural poor, the report says. The panel notes that the private sector receives more resources than the public sector for GMO research, and that in some cases, public resources are actually being diverted to support private sector priorities. Another problem, according to the panel, is that the adoption of GM crops could undermine farmers’ livelihoods. Noting the power and leverage enjoyed by industry, the panel’s report warns that seed companies “may gain too much control over the rights of local farmers” and create a dependency among the rural poor on imported seeds. This would especially be the case if the biotech industry were to move ahead with genetic use restriction technologies (GURT), more commonly known as terminator technology (see 1994 and after). “The Panel unanimously stated that the ‘terminator seeds’ are generally unethical, as it is deemed unacceptable to market seeds whose offspring a farmer cannot use again because the seeds do not germinate,” the report says. “GURTs are not inherent in genetic engineering. While corporations are entitled to make profits, farmers should not be forced to become dependent on the supplier for new seeds every planting season.” However the panel says it does believe there is potential for the ethical use of GURTs. According to the panel, “Where the concern is with possible outcrossing of crops, for example GMOs that could damage wild plant populations, GURTs might be justified. This may also apply elsewhere: when the primary concern is to prevent reproduction of farmed fish with wild populations, for example, then GURTs could be useful in protecting wild populations.” In conclusion, the panel stresses the need for independent, publicly-funded research on GMOs that is “directed to the needs and benefits of poor farmers, herders, foresters and fishers.” [Food and Agriculture Organization, 2001 pdf file]

Entity Tags: Panel of Eminent Experts on Ethics in Food and Agriculture

Timeline Tags: Seeds

Dr. Ignacio Chapela, a microbial ecologist, and his assistant, David Quist, a graduate student at UC Berkeley, discover the presence of genetically modified (GM) genes in native Mexican maize growing in the remote hills of Oaxaca, Mexico. The contaminant genes contain DNA sequences from the cauliflower mosaic virus, which is often used as a promoter to “switch on” insecticidal or herbicidal properties in GM plants. Contamination is also found in samples from a government food store that purchases animal feed from the US. The Oaxaca region is considered to be the birthplace of maize and the world’s center of diversity for corn, “exactly the kind of repository of genetic variation that environmentalists and many scientists had hoped to protect from contamination,” the New York Times reports. Scientists worry that the genes could spread through the region’s corn population reducing its genetic diversity. Critics of genetically modified crops have long argued that the technology cannot be contained. According to Dr. Norman C. Ellstrand, evolutionary biologist at University of California at Riverside, the discovery “shows in today’s modern world how rapidly genetic material can move from one place to another.” The findings are not good news for the biotech industry which is currently lobbying Brazil, the European Union, and Mexico to lift their embargoes on genetically modified crops. [New York Times, 10/2/2001; Manchester Guardian Weekly, 12/12/2001; BBC, 3/13/2002] It is later learned that the contamination resulted from Oaxacan peasants planting kernels they purchased from a local feed store. Though there’s a moratorium on the growing of GM crops, there’s no such ban on animal feed containing GM seed. [Cox News, 10/2/2001]

Entity Tags: Bivings Group, Monsanto, David Quist, Ignacio Chapela, Ministry of the Environment and Natural Resources

Timeline Tags: Seeds

Berkeley grad student David Quist and Dr. Ignacio Chapela, a microbial ecologist, publish the results of a study (see October 2000) finding that native Mexican maize has been contaminated with genetically modified genes. The study—published by the British journal Nature after an eight-month long peer-review process—presents two arguments. In addition to reporting the discovery that some of Oaxaca’s maize contains transgenic material, the paper says they found transgene fragments scattered throughout the plants’ modified DNA. [Quist and Chapela, 11/29/2001 pdf file] The study’s second conclusion causes a controversy because it contradicts the assertions of the biotech industry that genetic engineering is a safe and exact science, and that the technology is capable of controlling precisely where the modified sequences are positioned, how they will be expressed, and whether or not they will be passed on to successive generations. One of the main arguments of the technology’s detractors is that the methods used to insert trangenic genes into an organism’s DNA cannot be done with accuracy and therefore are liable to produce unpredictable and undesirable effects. Following the publication of Quist and Chapela’s article, other Berkeley biologists—who work in a Berkeley University program partially funded by Syngenta, a major biotech firm—criticize the study, leading Quist and Chapela to acknowledge that the analyses of two of the eight gene sequences in their paper were flawed. However they stand by their conclusions that the remaining six sequences contained scattered modified gene sequences. Critics of the article also note that both Quist and Chapela strongly oppose the genetic engineering of crops and participated in an unsuccessful effort to block the Berkeley-Syngenta partnership. The issue soon grows into a very large controversy that some suggest is fueled by the efforts of the biotech industry, and in particular, the Bivings Group, a PR firm on Monsanto’s payroll. Forum postings at AgBioWorld.org are reportedly traced to a Bivings’ employee. It is also noted that another person posting on the forum makes “frequent reference to the Center for Food and Agricultural Research, an entity that appears to exist only online and whose domain is [allegedly] registered to a Bivings employee.” Bivings denies that it is in any way connected to the forum postings. In spite of the controversy surrounding the article’s second finding, the other conclusion, that Mexico’s maize has been contaminated, is largely uncontested, and is buttressed by at least three other studies (see January 2002; February 19, 2003-February 21, 2003). [Associated Press, 4/4/2002; East Bay Express, 5/29/2002; BBC, 6/2/2002; Mother Jones, 7/9/2002]

Entity Tags: Monsanto, Bivings Group, David Quist, Ignacio Chapela, Ministry of the Environment and Natural Resources

Timeline Tags: Seeds

Mexico’s Ministry of the Environment and Natural Resources publishes the results of its study (see September 18, 2001) on transgenic contamination in Oaxaca and nearby Puebla. The study found contamination levels between 3 and 13 percent in eleven communities and between 20 and 60 percent in four others. Tests conducted on maize sold in government food stores revealed that 37 percent contained the GM genes. [East Bay Express, 5/29/2002]

Entity Tags: Ministry of the Environment and Natural Resources

Timeline Tags: Seeds

In an unprecedented move, Nature runs an editorial pulling its support for a controversial study by Berkeley scientists David Quist and Dr. Ignacio Chapela on genetic contamination of native Mexican maize. The study, published the previous fall (see Late November 2001), reported that native maize in Oaxaca had been contaminated with genetically modified (GM) genes and that transgene fragments were found scattered throughout the plants’ modified DNA. Immediately after being published, the article came under attack by pro-GM scientists who disputed Quist’s and Chapela’s second finding. “In light of these discussions and the diverse advice received, Nature has concluded that the evidence available is not sufficient to justify the publication of the original paper,” the journal’s editor, Philip Campbell, writes. “As the authors nevertheless wish to stand by the available evidence for their conclusions, we feel it best simply to make these circumstances clear, to publish the criticisms, the authors’ response and new data, and to allow our readers to judge the science for themselves.” Though the journal withdraws its support, it does not retract the article. [Associated Press, 4/4/2002; East Bay Express, 5/29/2002; Mother Jones, 7/9/2002] The decision to withdraw support is based on the opinions of three unnamed independent experts whom Nature consulted. Only one of those experts, however, disputed Quist’s and Chapela’s finding that there was evidence of contamination. All three agreed that the second finding—that transgene fragments were scattered throughout the plants’ modified DNA—was flawed. [BBC, 6/2/2002]

Entity Tags: David Quist, Ignacio Chapela, Philip Campbell

Timeline Tags: Seeds

Jorge Soberon, the executive secretary of Mexico’s biodiversity commission, announces that government scientists have confirmed that genetically modified (GM) corn is growing in Mexico. The finding supports what two US scientists reported several months earlier (see Late November 2001) in a highly controversial paper published in the journal Science. Calling it the “world’s worst case of contamination by GM material,” he says 95 percent of the sites sampled in Oaxaca and Puebla were found to have GM maize. Samples taken from these sites indicated a contamination level as high as 35 percent. [Daily Telegraph, 4/19/2002; Mother Jones, 7/9/2002]

Entity Tags: Jorge Soberon, Ministry of the Environment and Natural Resources

Timeline Tags: Seeds

During a Defense Department news briefing on Iraq, Defense Secretary Donald Rumsfeld says: “We know that they were a lot closer than any of the experts had estimated they would be with respect to [developing] a nuclear weapon. To the extent that they have kept their nuclear scientists together and working on these efforts, one has to assume they’ve not been playing tiddlywinks.” [US Department of Defense, 9/3/2002; Associated Press, 9/3/2002; United Press International, 9/3/2002]

Entity Tags: US Department of Defense, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

The State Department publishes a fact sheet titled “Illustrative Examples of Omissions From the Iraqi Declaration to the United Nations Security Council,” which states that in its December 2002 declaration (see December 7, 2002) to the UN, Iraq “ignores [its] efforts to procure uranium from Niger.” [US Department of State, 12/19/2002; Associated Press, 6/12/2003; Associated Press, 7/13/2003] Secretary of State Colin Powell rejects the UN dossier, in part because it does not account for the Nigerien uranium (see Between Late 2000 and September 11, 2001) and aluminum tubes (see Between April 2001 and September 2002) Iraq is supposedly using to make nuclear weapons. [Unger, 2007, pp. 268] But at this time, there is no evidence that Iraq had in fact sought to obtain uranium from Niger. Prior to the fact sheet’s publication, the CIA had warned the State Department about this and recommended that the phrase be removed—advice the State Department chose to ignore. [Associated Press, 6/12/2003] Throughout the rest of December, almost every statement the US goverment makes on Iraq will include references to the Nigerien uranium deal. President Bush, Vice President Cheney, Secretary of Defense Rumsfeld, National Security Adviser Condoleezza Rice, and Powell will all state publicly that Iraq had been caught trying to buy uranium from Niger. [Unger, 2007, pp. 268]

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, Central Intelligence Agency, Colin Powell, United Nations Security Council, Condoleezza Rice, US Department of State

Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing

The Union for the Protection of New Varieties of Plants (UPOV) completes an analysis on the implications of genetic use restriction technology (GURT) for small farmers, indigenous peoples, and local communities. The paper was requested the previous year by member governments of the UN Convention on Biological Diversity. In its 6-page memorandum, UPOV says it believes that using GURTs as a means to protect intellectual property would be less advantageous for society than implementing Plant Breeders’ Rights legislation based on UPOV’s 1991 Act of the International Convention for the Protection of New Varieties of Plants (see December 19, 2002). UPOV notes that unlike GURT, its 1991 convention has provisions that allow farmers to save seeds; set a time-limit (20 years) on a breeder’s exclusive rights; and permit farmers, researchers, and breeders to breed protected seeds when it is done privately, for non-commercial or experimental purposes, and when it is done to breed new varieties. Furthermore, under GURT, there is “no provision for public interest, allowing government access to varieties under particular circumstances,” as there is in the UPOV’s convention. [Union for the Protection of New Varieties of Plants, 1/10/2003 pdf file; ETC Group, 4/17/2003]

Entity Tags: International Union for the Protection of New Varieties of Plants

Timeline Tags: Seeds

An ad hoc expert panel created by the sixth conference of the Biodiversity Convention convenes in Montreal to consider the impact that genetic use restriction technology (GURT), also known as terminator technology, would have on small farmers, indigenous peoples, and local communities. The expert panel hears from 11 groups including the US, Canada, two individual farmers, an indigenous rights group, four civil society organizations, the International Seed Federation, and the International Union for the Protection of New Varieties of Plants (UPOV). [Collins and Krueger, n.d. pdf file; ETC Group, 4/17/2003; Convention on Biological Diversity, 9/29/2003 pdf file] The paper presented by UPOV, completed in January (see January 10, 2003), is not well-received by the US or industry representatives. Though the UPOV is generally an ardent supporter of intellectual rights protections, its analysis argues that GURT technology could threaten the interests of small farmers. The paper is so unwelcome, in fact, that the US and the International Seed Federation will succeed in pressuring the UPOV to revise it (see March 13, 2003-April 11, 2003), eliminating all references to GURT from the body of the paper. Prepared by Monsanto’s Roger Krueger and Harry Collins of Delta & Pine Land (D&PL), the International Seed Federation’s analysis takes the position that GURT technology would be advantageous for small farmers. Their paper argues that GURT would benefit small farmers and indigenous peoples by providing them with more options. “The International Seed Federation (ISF) believes that GURTs have the potential to benefit farmers and others in all size, economic and geographical areas… In reality, the potential effects of the GURTs may be beneficial to small farmers… ,” the paper asserts. “It is the strong belief and position of the ISF that GURTs would potentially provide more choice, to the farmers, rather than less choice.” Kruefer and Collins also say the technology could be used to prevent the contamination of non-transgenic plants with genetically modified genes and thus could be “quite positive for the environment and biodiversity.” [Collins and Krueger, n.d. pdf file; ETC Group, 4/17/2003; Convention on Biological Diversity, 9/29/2003 pdf file] The expert panel’s final report will list 35 “potential negative impacts” of GURT on small farmers and local communities and only nine “potential positive impacts.” It will recommend, among other things, “that parties and other governments consider the development of regulatory frameworks not to approve GURTs for field-testing and commercial use.” [Convention on Biological Diversity, 9/29/2003 pdf file]

Entity Tags: International Seed Federation, International Union for the Protection of New Varieties of Plants, Roger Krueger, Harry B. Collins

Timeline Tags: Seeds

On March 13, Lois Boland, administrator for external affairs at the United States Patent and Trademark Office (USPTO), sends a letter to UPOV Vice-Secretary General Rolf Jordens asking him to withdraw UPOV’s analysis on genetic use restriction technology (GURT) (see January 10, 2003). The analysis, presented in February to an expert panel convened by the Biodiversity Convention (see February 19, 2003-February 21, 2003), argued that GURT would not serve the interests of farmers or the public. In her letter, Boland complains that the UPOV Council did not allow the US to see the analysis before it was presented. “Even more troubling,” she adds, “the document submitted to the CBD is not a neutral presentation of facts and prevailing opinions; instead, it represents a one-sided negative view of GURTs.” In light of these concerns, she asks that the memo be discussed at the next scheduled meeting of UPOV’s Administrative and Legal Committee on April 10, 2003. [US Patent and Trademark Office, 3/13/2003 pdf file] In response, Jordens suggests that the matter be considered by UPOV’s Consultative Committee instead. [Union for the Protection of New Varieties of Plants, 3/17/2003 pdf file] Boland replies that that would not be acceptable and insists that it be debated in the Administrative and Legal Committee. [US Patent and Trademark Office, 3/28/2003 pdf file] Jordens gives in. [Union for the Protection of New Varieties of Plants, 3/17/2003 pdf file] On March 31, Secretary-General of the International Seed Federation Bernard Le Buanec also voices concerns about the UPOV analysis, writing in a letter that the federation “is really concerned by the memorandum, as it presents a variety of unbalanced views.” [International Seed Federation, 3/31/2003 pdf file] On April 10, the UPOV memo is debated in the Administrative and Legal Committee. Under pressure from the US, the UPOV agrees to say that it is not a “competent body to provide advice to CBD on GURTs.” A new version of the memo is posted on the UPOV’s website the next day with the following explanation: “This document supersedes the memorandum prepared by the Office of the Union on the genetic use restriction technologies (GURTs) and sent to the CBD, dated January 10, 2003.” The new version deletes all references to GURT from the body of the document. As such, the new document makes no attempt to respond to the Biodiversity Convention’s original request for analysis of GURT. [Union for the Protection of New Varieties of Plants, 1/10/2003 pdf file; ETC Group, 4/17/2003]

Entity Tags: Rolf Jördens, Lois Boland, International Seed Federation, International Union for the Protection of New Varieties of Plants, Bush administration (43)

Timeline Tags: Seeds

At the ninth meeting of the Scientific Body of the United Nations Convention on Biological Diversity (SBSTTA), held in Montreal, four countries—Canada, New Zealand, Argentina, and Brazil—convince the body to submit a recommendation to the next meeting of the Biodiversity Convention to forego action on an expert panel report. They argued that the report was flawed because it lacked scientific rigor. The report—commissioned by members of the Biodiversity Convention in late 2002—had identified numerous potential negative impacts that terminator technology could have on small farmers, indigenous peoples, and local communities (see February 19, 2003-February 21, 2003). If the member countries of the Biodiversity Convention, scheduled to meet in February 2004, accepts the SBSTTA’s recommendation to forego action, the issue will not be considered again until 2006. “SBSTTA9’s decision is wrong and dangerous,” says Alejandro Argumedo of the Indigenous Peoples Biodiversity Network. “Giving four governments the right to derail a report on the impact of terminator on indigenous peoples and local communities is like saying that the voices of these communities are not important, and that the social and economic impacts of terminator can be dismissed.” The ETC Group, a Canadian-based organization that opposes terminator technology, suggests that the presence of representatives from biotech firms Monsanto and Delta & Pine Land may have had something to do with the four countries’ objection to the expert panel report. The organization notes that industry representatives from these very same companies had been involved in the expert panel discussion and had submitted a report insisting that GURT technologies would benefit small farmers and indigenous peoples by providing them with “more choice.” Both Monsanto and Delta & Pine Land have patents on GURT technology. [Convention on Biodiversity, 11/14/2003; ETC Group, 11/14/2003]

Entity Tags: Canada, Harry B. Collins, Roger Krueger, Subsidiary Body on Scientific, Technical and Technological Advice, New Zealand, Argentina, Brazil

Timeline Tags: Seeds

The Canadian government instructs its negotiators at the Bangkok meeting of the UN’s Convention on Biological Diversity’s Scientific Body to push for changes to a 2004 UN report (see February 19, 2003-February 21, 2003) that is critical of terminator technology. The report concluded that terminator seeds could result in a number of negative consequences for small farmers, indigenous peoples, and small communities. It recommended that the Convention prohibit field testing and commercialization of terminator seeds. Canada tells its negotiators to propose that the Scientific Body recommend the opposite—that countries be permitted to field test and commercialize the seeds. If these proposals are not accepted, Canada says its representatives should “block consensus on the issue.” The instructions will be leaked to attendees on the first day of the conference. [ETC Group, 2/26/2004; Guardian, 2/9/2005; Ottawa Citizen, 3/5/2006]

Entity Tags: Canada

Timeline Tags: Seeds

At the tenth meeting of the Scientific Body of the United Nations Convention on Biological Diversity (CBD) in Bangkok, the Canadian delegation proposes that the Scientific Body recommend lifting the de facto ban on field trials and commercialization of terminator seeds and encourage research participation of private sector entities. Terminator technology is opposed by most non-industrialized countries and a number of organizations that advocate for farmers’ rights and food security. Many of these parties learned of Canada’s intention to oppose the ban before the meeting from a leaked Canadian government memo (see Before February 7, 2005). In the memo, Canada had instructed its delegates to block consensus on the issue if countries refused to lift the ban. Canada’s proposal is nonetheless shot down by delegates from Norway, Sweden, Austria, the European Community, Cuba, Peru, and Liberia. The Scientific Body agrees to recommend that CBD members should reaffirm the de facto ban (see May 15-May 26, 2000) on field testing and commercialization of terminator seeds. This recommendation, along with those in a 2004 UN report (see February 19, 2003-February 21, 2003) and the future recommendations of the “Working Group on Article 8(j)” (see September 3, 2002), will be submitted for consideration at the next meeting of the Convention on Biological Diversity in March 2006. [ETC Group, 2/26/2004; Convention on Biodiversity, 2/11/2005; Inter Press Service, 2/11/2005]

Entity Tags: Subsidiary Body on Scientific, Technical and Technological Advice

Timeline Tags: Seeds

Speaking at the tenth meeting of the Scientific Body of the United Nations Convention on Biological Diversity (SBSTTA), held in Bangkok, Canadian farmer Percy Schmeiser criticizes his government’s backing (see February 7, 2005) of terminator technology. “The Canadian government has acted shamefully. It is supporting a dangerous, anti-farmer technology that aims to eliminate the rights of farmers to save and re-use harvested seed,” he says. “Instead of representing the good will of the Canadian people or attending to the best interests of the Biodiversity Treaty, the Canadian government is fronting for the multinational gene giants who stand to win enormous profits from the release of terminator seeds around the world.” [ETC Group, 2/11/2005]

Entity Tags: Percy Schmeiser, Subsidiary Body on Scientific, Technical and Technological Advice

Timeline Tags: Seeds

Outgoing Undersecretary of Defense Douglas Feith, one of the key architects of the Iraq occupation, is bemused by the fact that, despite his predictions and those of his neoconservative colleagues, Iraq is teetering on the edge of all-out civil war. He has come under fire from both political enemies and former supporters, with Senator Carl Levin (D-MI) accusing him of deceiving both the White House and Congress, and fellow neoconservative William Kristol accusing him of “being an agent of” disgraced Defense Secretary Donald Rumsfeld (see November 6-December 18, 2006). Feith defends the invasion of Iraq, calling it “an operation to prevent the next, as it were, 9/11,” and noting that the failure to find WMD is essentially irrelevant to the justification for the war. “There’s a certain revisionism in people looking back and identifying the main intelligence error [the assumption of stockpiles] and then saying that our entire policy was built on that error.” Feith is apparently ignoring the fact that the administration’s arguments for invading Iraq—including many of his own assertions—were built almost entirely on the “error” of the Iraqi WMD threat (see July 30, 2001, Summer 2001, September 11, 2001-March 17, 2003, Shortly After September 11, 2001, September 14, 2001, September 19-20, 2001, September 20, 2001, October 14, 2001, November 14, 2001, 2002, 2002-March 2003, February 2002, Summer 2002, August 26, 2002, September 3, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 10, 2002, September 12, 2002, Late September 2002, September 19, 2002, September 24, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 12, 2002, January 9, 2003, February 3, 2003, February 5, 2003, February 8, 2003, March 22, 2003, and March 23, 2003, among others).
Cultural Understanding Did Not Lead to Success - Feith says he is not sure why what he describes as his deep understanding of Iraqi culture did not lead to accurate predictions of the welcome the US would receive from the Iraqi people (see November 18-19, 2001, 2002-2003, September 9, 2002, and October 11, 2002). “There’s a paradox I’ve never been able to work out,” he says. “It helps to be deeply knowledgeable about an area—to know the people, to know the language, to know the history, the culture, the literature. But it is not a guarantee that you will have the right strategy or policy as a matter of statecraft for dealing with that area. You see, the great experts in certain areas sometimes get it fundamentally wrong.” Who got it right? President Bush, he says. “[E]xpertise is a very good thing, but it is not the same thing as sound judgment regarding strategy and policy. George W. Bush has more insight, because of his knowledge of human beings and his sense of history, about the motive force, the craving for freedom and participation in self-rule, than do many of the language experts and history experts and culture experts.”
'Flowers in Their Minds' - When a reporter notes that Iraqis had not, as promised, greeted American soldiers with flowers, Feith responds that they were still too intimidated by their fear of the overthrown Hussein regime to physically express their gratitude. “But,” he says, “they had flowers in their minds.” [New Yorker, 5/9/2005; Scoblic, 2008, pp. 228-229]

Entity Tags: US Department of Defense, Carl Levin, William Kristol, Douglas Feith

Timeline Tags: Iraq under US Occupation

About 70 indigenous leaders representing 26 Andean and Amazon communities meet in the Peruvian mountain village of Choquecancha for two days to draft a report on the potential impacts terminator seeds would have on their communities if the international moratorium on the technology were to be lifted. The report will be submitted to a UN working group which has been tasked with examining “the potential socio-economic impacts of genetic use restriction technologies on indigenous and local communities.” The UN working group will submit recommendations to the next conference of the Convention on Biological Diversity which will decide whether or not to continue its de facto ban on terminator seeds. The meeting of indigenous leaders is held under the auspices of the Quechua-Aymara Association for Nature and Sustainable Development (ANDES) and the International Institute for Environment and Development. The indigenous leaders say in their report that they are concerned that pollen from terminator seeds could transfer sterility to and effectively kill off other crops and plant life. Another worry is that use of the technology would increase their dependence on the seed industry, a conclusion that was also reached by the UN Agriculture and Food Organization’s Ethics Panel in 2000 (see September 26, 2000-September 28, 2000). The group says the expansion of monocultural farming and the use of terminator technology could put the region’s 3,000 varieties of potato at risk. The indigenous leaders say they are especially concerned about a patent that has been obtained by Syngenta on technology that would be used to produce sterile potato seeds. Syngenta’s seeds would only grow if treated with chemicals. “Terminator seeds do not have life,” says Felipe Gonzalez of the indigenous Pinchimoro community. “Like a plague they will come infecting our crops and carrying sickness. We want to continue using our own seeds and our own customs of seed conservation and sharing.” [Development, 9/27/2005 pdf file; Inter Press Service, 10/11/2005; International Institute for Environment and Development, 10/6/2006]

Entity Tags: Aymara, Quechua-Aymara Association for Nature and Sustainable Development, Quechua, International Institute for Environment and Development

Timeline Tags: Seeds

At a UN meeting in Granada, the Convention on Biological Diversity’s “Working Group on Article 8(j)” meets ahead of the Convention’s eighth biennial meeting to discuss implementation of Article 8(j) and related provisions of the Convention, as requested by the seventh conference of the Convention that took place in 2004 in Kuala Lumpur. [Convention on Biodiversity, 2/20/2004] Article 8(j) of the convention calls on member countries to protect the traditional knowledge, innovation, and practices of indigenous peoples and peasant farmers. One of the group’s tasks is to “consider the potential socio-economic impacts of genetic use restriction technologies on indigenous and local communities” and make a recommendation based on three previous UN reports (see February 19, 2003-February 21, 2003; February 7, 2005; September 26, 2000-September 28, 2000) and official submissions from indigenous peoples and farmers’ organizations (see September 26, 2005-September 27, 2005). In every one of these reports, terminator technology was considered a threat to the poor. In spite of this, the Australian, New Zealand, and Canadian governments, guided by a US representative (the US has not ratified the Convention on Biological Diversity) and industry lobbyists, push to make the Working Group’s recommendations supportive of terminator technology. Lobbyists for the seed companies include Harry Collins, vice president of Delta & Pine Land, and Roger Krueger of Monsanto. Delta & Pine Land jointly holds three patents on terminator technology with the US Department of Agriculture. According to the ETC Group, a Canadian-based organization opposed to terminator seeds whose representatives are present at this meeting, “With a US government official consulting at her side, the Australian negotiator insisted on deleting reference to the ‘precautionary approach’ and used this as a bargaining chip to win controversial wording for a ‘case-by-case risk assessment’ of terminator.” However, the efforts of these countries to draft a recommendation that would weaken the moratorium on terminator seeds are opposed by the majority of other parties, including Spain, the African Group, Egypt, the Philippines, Norway, Pakistan, Kenya, India, and Brazil. [ETC Group, 1/27/2006; National Farmers Union, 1/27/2006; Canadian Press, 1/30/2006] Australia refuses to budge and it is finally agreed to revise the recommendation to say that further research on terminator technology should include “a case-by-case risk assessment basis with respect to different categories of GURTs technology subject to the precautionary approach.” [Convention on Biodiversity, 1/27/2005 pdf file]

Entity Tags: Brazil, Working Group on Article 8(j), Australia, Canada, Harry B. Collins, New Zealand, Spain, Philippines, India, Kenya, Norway, Pakistan, Roger Krueger, Egypt

Timeline Tags: Seeds

The European Parliament passes a resolution calling on member countries to uphold the moratorium on terminator technology at this month’s conference of the Convention on Biological Diversity. The resolution—passed with a 419-1-5 vote—urges European countries to “reject any proposals to undermine the moratorium on the field-testing and marketing of so-called terminator technologies…” It specifically denounces the efforts in January by Canada, Australia, and New Zealand to exempt terminator seeds from the ban on a “case-by-case” basis (see January 23, 2006-January 27, 2006). [European Union Parliament, 3/16/2006; Ban Terminator, 3/16/2006; Inter Press Service, 3/24/2006]

Entity Tags: European Parliament

Timeline Tags: Seeds

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