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FARMERS' RIGHTS

The Working Group discussed bracketed text referring to "the concept of Farmers' Rights," as defined by FAO Resolution 5/89. This definition states that Farmers' Rights (FR) means "rights arising from the past, present and future contributions of farmers in conserving, improving and making available PGR, particularly those in the centres of origin/diversity. These rights are vested in the International Community, as trustee for present and future generations of farmers, for the purpose of ensuring full benefits to farmers, and supporting the continuation of their contributions".

Outlining several legal problems associated with FR, and the lack of internationally accepted "normative standards," the US emphasized that "the concept of" FR was the only acceptable formulation. VENEZUELA, supported by PAPUA NEW GUINEA, CAMEROON, BANGLADESH, COLOMBIA, EGYPT, SUDAN and BRAZIL, sought removal of "the concept of". SWEDEN proposed language to link FR, the IU and the CBD. MAURITIUS proposed adding the phrase "...and/or national legislation" to the end of the bracketed text.

SWEDEN, supported by NORWAY, noted that while he favored the elements of the proposal, FR as a legal mechanism had not been agreed upon internationally and the proper place for such consideration was within the revision of the IU in harmony with the CBD. JAPAN, the EU and SWITZERLAND maintained that the IU rather than the GPA was the appropriate element within the FAO Global System to address FR.

Noting the polarized positions on the issue, the Chair created a small contact group on FR chaired by Kristiane Herrmann (Australia). In a later session of the Working Group, Herrmann, reporting back on the work of this contact group, offered text with lengthy qualifiers to "realizing" FR. With no real agreement, delegates decided to forward original bracketed text on "the concept of Farmers' Rights" to the Plenary.

During the Plenary, NEW ZEALAND stated that FR had not been properly explored in the WG and will be dealt with under the IU. The Chair emphasized that it was not the responsibility of ITCPGR-4 to define FR.

Remaining differences over language were resolved through informal consultations by the "Friends of the Chair". Final language on FR read "to realize Farmers' Rights, as defined in FAO Resolution 5/89," rather than realizing "the concept of" FR.

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