The History of Farmers' Rights - Fridtjof Nansens Institutt

4 Regine Andersen
However, the Commission noted that 74 of the 156 FAO member nations
had expressed support for the Undertaking; further, that several countries
had indicated that they were not in a position to adhere to the agreement,
or that they lacked the means to give effect to the commitments contained
therein (paragraphs 7, 10 and 11). Urging these countries to respond positively,
even though they might not manage to comply with all provisions
of this non-binding agreement, the Commission considered the suggestion
from some members that the text of the Undertaking should be
modified (paragraphs 12 and 13). It recommended that the Secretariat
prepare a paper, for consideration by the Commission at its next session,
analysing countries’ reservations to the Undertaking and delineating possible
courses of action, including suggestions for possible interpretations
of the text to increase acceptance of the Undertaking (paragraph 13).
The Commission also established a Working Group, chaired by its
Chairman and consisting of 23 members from different country groups, to
consider the progress made in implementing the Commission’s proramme
of work and any other matters referred to it by the Commission (pararaphs
78–80). It was in this Working Group that farmers’ rights were first
addressed in the FAO system, but that did not come until 1986.
FAO Conference Session, 1985
FAO, 1985: Report of the Conference of FAO, Twenty-second Session,
Rome, 9–28 November 1985, C 1985/REP.
At the following sessions of the FAO Council 9 and Conference in 1985,
implementation of the International Undertaking was a subject, but no
mention of farmers’ rights as such was documented. The rights of plant
breeders were, however, explicitly addressed at the Conference Session
(paragraph 291). Due to the low number of countries adhering to the
Interational Undertaking, countries were urged to spell out their reservaions
to this non-binding international agreement. Various members indiated
that their national legislation, including plant breeders’ rights, deterined
the degree to which they could adhere to the Undertaking. Several
members were of the view that if the Undertaking was modified in this
respect, more countries could adhere to it.
First Meetings of the Working Group of the Commission on Plant
Genetic Resources, 1986
FAO, 1986: Report of the Working Group of the FAO Commission on
Plant Genetic Resources, 2–3 June 1986, CPGR/87/3, October 1986.
The first time that farmers’ rights were reported as being addressed in an
FAO forum was at the First Meeting of the Working Group in Rome, 2–3
9 The 49-member Council is the executive organ of the Conference. Its powers
are delegated to it by the Conference. The Council meets at least four times beween
regular Conference sessions.