Review of Regional Policy Instruments, Developments and Trends : Latin America

Review of Regional Policy Instruments, Developments and Trends:

Latin America

Law and Policy of Relevance for Law and Policy of Relevance for the Management of Plant Genetic the Management of Plant Genetic

Resources in Latin AmericaResources in Latin America

Review of Regional Policy Instruments, Developments and Trends /Latin America – 1.3

Megadiversity!

South and Central America are quite possibly the most diverse regions in the world

Together they hold the greatest diversity of reptiles, birds and mammals in the world

They are centres of origin and diversification of a wide range of crops and their wild relatives

They are also home to a great variety of cultures and indigenous populations

The economic, cultural and social importance of biodiversity in the region is incalculable


Key Issues in These Regions

• Access to genetic resources and benefit sharing

• Intellectual property

• Protection of traditional knowledge

• Biosafety


The Convention on Biological Diversity (CBD)

Ratified by all countries in Latin America

Pivotal in raising policy and legal profile of issues

Effects of the CBD:

National biodiversity strategies and plans

General biodiversity laws (ABS, TK, biosafety...)

Adjustments and amendments to sectoral legislation

Administrative measures


Access to Genetic Resources and Benefit Sharing

Access and benefit sharing (ABS) is a critical concern for most Latin American countries

Many bio-prospecting projects in the regions

Genetic resources represent an important scientific, political and legal asset for varying reasons


Decision 391 of the Andean Community on ABS

Enacted in July 1996 by the Andean Community of Nations

The first regional set of principles and obligations on ABS

Genetic resources are part of the national patrimony (State control)

Operates through a set of mechanisms and instruments and an administrative procedure overseen by national competent authority


Other ABS Legislation

Argentina:2002, Draft Law on Access to Genetic Resources of Biological Diversity

Brazil: 1997, ABS legislation enacted at State level in Amapa and Acre;August 2001, Provisional Measure 2.126-16 on

access to the genetic patrimonyChile:

1999, CONAMA initiated a policy process to develop ABS regulations and re-launched in 2003 by

Fundación SustentablesCosta Rica :

Law 7788, Biodiversity Law ; Executive Decree 31524 (2003)


Current Situation Regarding ABS in the Region

Control over genetic resources = rigid, complex legislation, difficult to implement

Limited progress in implementing Decision 391 (and most laws). Andean Community will undertake an overall assessment of the ABS regime (FTA with the US !!!)

Group of Like-Minded Megadiverse Countries: negotiations on an international regime on ABS (idea raised by Mexico and Colombia)


Biosafety:The Biosafety or Cartagena Protocol

Adopted in Montreal in January 2000

New international system for trans-boundary movement, transit, handling and use of living modified organisms (LMOs)

LMOs result from genetic engineering that may have an adverse effect on conservation of biodiversity and human health

The Protocol set an international procedure by which export and import of LMOs is conditional on advanced informed agreement (AIA) of Parties

The precautionary principle is recognized as the guiding principle of the Protocol


Latin America and the Protocol

Clearly divided during the negotiations of the Protocol between members of the Miami Group and those countries more cautious and resistant to a free flow

Brazil has taken a cautious approach and until recently prohibited the cultivation of genetically modified soya varieties as result of strong citizen resistance and campaign

Of the Miami Group, neither Argentina, Chile nor Uruguay have ratified the Protocol. Likewise, for different reasons, Guyana, Paraguay and Suriname have not ratified

Most countries have developed national laws and regulations (pre- and post-Protocol)


PGRFA:The FAO International Treaty (IT) Latin American countries have only recently began

discussing the legal and policy implications of the IT on existing ABS legislation (i.e., Decision 391)

Countries in the region (especially the Andean Community) need to address:

– the relation of the Treaty to existing ABS regimes

– IPR provisions in the Treaty / national laws

– The situation of ex situ collections and CGIAR centres

– how to implement an effective Farmers’ Rights regime

El Salvador, Nicaragua, Paraguay and Peru have ratified the IT


TRIPS

Key issues and emerging trends in the international IPR agenda are being considered :

broadening subject-matter protection creating new rights FTA

Most Latin American countries have adapted their national legislation to meet TRIPS standards

Brazil and the Andean community have been very active in the ongoing revision of article 27.3.b of TRIPS


PBR Protection

Almost all countries in the region have some form Almost all countries in the region have some form of legal protection for new plant varieties or of legal protection for new plant varieties or

cultivars, based on UPOV-like protection for plant cultivars, based on UPOV-like protection for plant breeders’ rightsbreeders’ rights

Decision 345 Common Regimen on PBR (1994)Decision 345 Common Regimen on PBR (1994)

In some countries, discussions are being carried In some countries, discussions are being carried out on the impact of legal protection of new plant out on the impact of legal protection of new plant varieties on biodiversity, the environment and varieties on biodiversity, the environment and small farming communitiessmall farming communities


Traditional Knowledge (TK)

Debates on TK can be traced to 1992–93 when efforts were undertaken in the Andean Community to regulate PBRs

Decision 345 provides that new plant varieties will be protected if

a) they comply with typical PBR requirements

b)scientific knowledge is applied in the improvement

Decision 391 recognizes the rights of indigenous peoples over their knowledge, innovations and practices

Brazil's Provisional Measure 2.186-16 specifically refers to the protection of TK

Defensive protection: the Andean Community (Decision 486 on Industrial Property), Costa Rica and Brazil are implementing provisions and principles for defensive protection


Traditional Knowledge (TK)(continued)

In 1998, Bolivia initiated a political process towards the development of a TK protection regime

Colombia has undertaken wide participatory processes towards developing national policies

Panama enacted Law 26 for the protection of collective creations and folklore of indigenous communities (2000)

Peru has become the first country to adopt a sui generis regime for the protection of TK

Note : It’s critical to engage indigenous peoples in the policy process from the start


Phytosanitary Agreements

All countries have phytosanitary legislation in place

Important international and regional agreements are

The International Plant Protection Convention (1989)

The Andean System for Plant Health


Regional Networks on Genetic Resources

Consortium for the Ecoregional Development of the Andean Region (CONDESAN)

PROCITROPICOS

Andean Network on Plant Genetic Resources (REDARFIT)

Network on Technical Cooperation for Plant Biotechnology in Latin America and the Caribbean (REDBIO)

Thematic programmes and networks include: Latin America Fund for Rice Production (FLAR)

Regional Project for Beans in the Andean Region (PROFRIZA) The Regional Network on Forest Information for Latin America and

the Caribbean


Ex Situ Centres

• Very important collections (private and public) throughout the region

• CGIAR Centres:

CIP CIAT CYMMIT

Review of Regional Policy Instruments, Developments and Trends : Latin America

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