Proposed Amendments to the Plant Treaty and India’s Opposition

GS3 – Agriculture

Context

Indian farmers and civil society groups are raising concerns over proposed revisions to the International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty), warning that these changes could undermine national seed sovereignty and farmer rights.

Overview of the Plant Treaty:

• Officially titled the International Treaty on Plant Genetic Resources for Food and Agriculture, it was adopted during the 31st FAO session in Madrid in 2001 and became effective in 2004.
• It is a legally binding agreement with 149 countries and the EU as members, including India, and is administered by the FAO in Rome.
• The ICAR–National Bureau of Plant Genetic Resources (NBPGR) serves as India’s nodal institution for coordinating treaty-related activities.
• The treaty aims to conserve, exchange, and sustainably use plant genetic resources to boost food security and climate resilience.
• Significantly, it was the first international agreement to officially recognise the contributions of indigenous and smallholder farmers in maintaining agrobiodiversity.

Key Features of the Treaty:

• Multilateral System (MLS): Provides treaty members with access to a shared pool of food and forage crops listed in Annexe I, meant for research, breeding, and conservation.
• Standard Material Transfer Agreement (SMTA): A legally binding contract that allows access to MLS crops and mandates benefit-sharing when such resources are used for commercial purposes.
• Farmers’ Rights (Article 9): Safeguards farmers’ ability to save, use, exchange, and sell farm-saved seeds, and share in benefits derived from genetic resources.
• Benefit-Sharing Fund: Funded through SMTA users and voluntary donations to support on-farm conservation and capacity building, especially in developing countries.
• Annexe I: Lists 64 key crops such as rice, wheat, maize, potato, and sorghum, vital for global food security and available under the MLS.
• Intellectual Property Rights (IPR) Clause: Prohibits exclusive rights over genetic material in the MLS to prevent monopolisation and ensure broad access.

Proposed Amendments:

1. Expansion of Annexe I: Suggests the inclusion of all Plant Genetic Resources for Food and Agriculture (PGRFA) in the MLS. PGRFA includes any plant genetic material with actual or potential value for food and agriculture.
2. Mandatory SMTA Use: Makes SMTA the sole method for accessing all PGRFA, potentially overriding domestic legal frameworks.
3. Centralised Decision-Making: Proposes shifting control over access from national biodiversity authorities to the treaty’s Governing Body.

India’s Concerns:

• Sovereignty Threatened: Expanding the MLS may compel India to allow access to its native genetic resources without maintaining national control.
• Legal Conflicts: The changes are at odds with India’s Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act and Biological Diversity (BD) Act, both of which regulate access and benefit-sharing.
• Farmers’ Rights in Jeopardy: Uniform international rules could erode protections under Article 9 and compromise India’s traditional practices of seed saving and exchange.
• Federal Structure Undermined: The proposal may weaken the authority of State Biodiversity Boards in regulating access to plant genetic materials.