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The History of Farmers' Rights - Fridtjof Nansens Institutt

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10 Regine Andersen<br />

<strong>The</strong> Council noted with satisfaction the Commission’s decision to<br />

initiate negotiations through its Working Group to achieve an<br />

agreed interpretation <strong>of</strong> the controversial parts <strong>of</strong> the international<br />

Undertaking on Plant Genetic Resources, and to include in this<br />

interpretation clarification and recognition <strong>of</strong> plant breeders’ rights<br />

and farmers’ rights.<br />

However, in the ensuing Twenty-fourth Session <strong>of</strong> the Conference in<br />

Rome in November 1987, there was no reported mention <strong>of</strong> farmers’<br />

rights (C 1987/REP: Report <strong>of</strong> the Conference <strong>of</strong> FAO Twenty-fourth<br />

Session, Rome, 7–27 November 1987).<br />

***<br />

As we can see from these reports from the four relevant meetings in 1986<br />

and 1987, opinion differed as to the concept <strong>of</strong> farmers’ rights and<br />

whether and how to give it recognition. However, various considerations<br />

and practical solutions were suggested already at this point (particularly<br />

in 1987), and these were more or less reflected in later discussions, in the<br />

literature and in the final recognition <strong>of</strong> farmers’ rights in the International<br />

Treaty. <strong>The</strong> negotiations in 1987 can be said to form the foundation<br />

for all further negotiations on farmers’ rights, and provided substantial<br />

input to the framing <strong>of</strong> our current understanding <strong>of</strong> the concept.<br />

2.2 A note on the Keystone Dialogues<br />

Keystone Center (1991): Oslo Plenary Session. Final Consensus<br />

Report: Global Initiative for the Security and Sustainable Use <strong>of</strong> Plant<br />

Genetic Resources. Third Plenary Session, 31 May–4 June 1991,<br />

Oslo, Norway (Keystone, Colorado: Keystone Center).<br />

In the controversies on control over genetic resources in the 1980s, there<br />

were deep conflict lines between the parties. That is why William Brown,<br />

then chair <strong>of</strong> the US National Board for Plant Genetic Resources, initiated<br />

a contact with the Keystone Center in Colorado, with the request <strong>of</strong><br />

holding a dialogue on plant genetic resources among international stakeholders.<br />

11 <strong>The</strong> Keystone Approach was to invite stakeholders as individuals,<br />

to reduce conflict level and seek dialogue, to keep the discussions<br />

<strong>of</strong>f the record, and to produce a report on the basis <strong>of</strong> consensus only.<br />

<strong>The</strong> Keystone Dialogues took place in 1988, 1990 and 1991, in Keystone,<br />

in Madras (now Chennai) and in Oslo respectively, and were chaired by<br />

Pr<strong>of</strong>. M.S. Swaminathan, who also led an Interim Steering Committee<br />

that gave direction to the dialogues. Facilitators were the staff <strong>of</strong> the<br />

Keystone Center.<br />

<strong>The</strong> Center gathered altogether 92 stakeholders from 30 countries at its<br />

three sessions and was important in framing the international discussions<br />

on such issues as farmers’ rights, common heritage <strong>of</strong> mankind, international<br />

funding and to some extent intellectual property rights. <strong>The</strong> 1990<br />

11 Cary Fowler (1994): Unnatural Selection. Technology, Politics and Plant<br />

Evolution (Yverdon, Switzerland: Gordon and Breach), p. 197.

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