Govt Slammed After Secret Plant Variety Draft Bill Emerges In Geneva

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The Malaysian Food Sovereignty Forum has accused Putrajaya of sidelining engagement procedures before submitting a draft on amendments to the Protection of New Plant Varieties (PNPV) Act 2004 to a global treaty body.
The forum - with the backing of farmer organisations, indigenous community groups, consumer groups, and environmental NGOs - slammed the government for supposedly going against its promise to secure a general consensus from relevant stakeholders prior to finalising the proposed amendments.
The amendments aims to pave the way for Malaysia to accede to the 1991 International Union for the Protection of New Varieties of Plants (UPOV) Convention 1991 as part of efforts to align Malaysia with global intellectual property standards.
Various quarters, however, had previously reportedly raised concerns that the move could detrimentally affect small-scale padi farmers as their rights to save, share, and sell seeds from their own harvests would be limited.
‘Dishonest’ agriculture ministry
The forum’s criticism today came in light of the disclosure of the full text of the Act’s draft amendments to the UPOV secretariat in Geneva for its approval.
The disclosure, the forum said in a statement, demonstrates that the nation’s legislative process has been “compromised” and “prioritised to a foreign entity,” simultaneously proving the Agriculture and Food Security Ministry’s “dishonesty” in domestic consultation matters.
Agriculture and Food Security Minister Mohamad SabuThe forum noted that on Nov 25, Agriculture and Food Security Minister Mohamad Sabu told Parliament that the ministry will not finalise any amendment steps to the PNPV Act before securing a “broad agreement” from farmers who save, share, and sell seeds.
“(Mohamad) stated (then) that the government was at the engagement stage to assess the need to amend the PNPV Act and the consideration of joining the UPOV Convention 1991.
“We disagree with the minister's statement because we have received information that the full draft of the amendment has already been finalised,” said the forum’s spokesperson, coordinator Nurfitri Amir Muhammad.
He claimed that on Sept 23, Malaysia submitted an application to the UPOV Council for it to review the potential amendments for the purpose of checking compliance with the UPOV Act 1991. The council is said to have accepted the amendments’ compliance on Oct 24.
“NGOs have long requested the full draft text of the amendments, but the request was not granted on the grounds of confidential information.
“However, this important information is now available for download from the website of the UPOV secretariat based in Geneva, which is a foreign website… Clearly, the consultation process has been flawed,” Nurfitri said.
Halt bill tabling
He further urged that the tabling of a bill on the amendments be halted, citing “dishonesty and foreign interference,” warning that a protest will be held if the government proceeds with its plans without a transparent and comprehensive consultation process.
“While an external party, namely the UPOV secretariat, was given access to the draft amendment, farmers, local NGOs, elected representatives, and other related government agencies have yet to officially receive it.
“The role of the UPOV secretariat in monitoring and approving changes to the PNPV Act encroaches upon Malaysia's legislative process and diminishes the role of Parliament,” he stressed.
Monopoly, shooting seed cost
Reiterating that the UPOV Convention 1991 will deny the rights of farmers and indigenous people to the practice of saving, sharing, and selling farm-saved seeds, Nurfitri said the convention also broadens and strengthens monopoly rights for commercial breeders.
This, he said, is then expected to increase seed prices by up to more than four times the cost.
“It will also facilitate biopiracy. The deletion of the genetic resource source disclosure clause and compliance with access and benefit sharing laws under Section 12 of the PNPV Act will eliminate the protection mechanism against the theft of local genetic resources.
“The UPOV Convention 1991 also provides a legal framework that is too strict and unsuitable for the agricultural system of developing countries like Malaysia. It will affect the diversity of our agrobiodiversity and threaten the country's food security and sovereignty,” he added. - Mkini

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