Membangun Peradaban Bersama Rakyat

Jakarta, 7 December 2021 – Civil society organizations that are members of the People's Committee for the Transformation of the Food System urge the Indonesian government not to join as a member of the World Plant Variety Protection Organization (UPOV). That the rejection of UPOV, which coincided with the 60th anniversary of the UPOV Convention, did not only occur in Indonesia, but that there were 285 organizations from 47 countries who also called for UPOV to be disbanded during the Global Action Week to reject UPOV.

Since signing and negotiating several free trade agreements, such as the Indonesia-EFTA CEPA Agreement, the Indonesia Comprehensive Economic Partnership Agreement and the European Union-IEU CEPA, the Japan-IJEPA Indonesia Economic Partnership, etc., Indonesia has been under pressure to join the UPOV. Pressure for Indonesia to become a member of the 1991 UPOV, because it threatens the freedom of small farmers to cultivate and distribute their own seeds and therefore will increase the criminalization of farmers. Not only that, farmers are also worried about the possibility of homogeneity of seeds and agricultural cultivation systems, even though Indonesia has the most diversity of crops and agricultural systems.

Even more worrying, the roadmap plan drawn up by the Indonesian government to join UPOV 1991 only considered the economic-business aspect only. Not paying attention to aspects of human rights (HAM), sustainability and the basic rights of small farmers. Of course, this further injures the rights of small farmers who are not taken into account as an important subject in managing agriculture. The government should also reflect on the implementation of Law no. 29 of 2000 concerning the Protection of Plant Varieties which discriminate and exclude farmers in the context of seed breeding.

Moreover, if Indonesia joined UPOV in 1991, it would contradict the United Nations Declaration on the Rights of Peasant and Other People Working in Rural Areas (UNDROP) or the United Nations Declaration on the Rights of Farmers and Communities Working in Rural Areas whose spirit clearly guarantees protection. for the rights of farmers and people working in rural areas.[1]

Based on the above issues, our People's Committee for the Transformation of the Food System said:
1. UPOV 1991 limited farmers' rights
The crop variety protection regime regulated in the 1991 UPOV narrows the policy space for the state to protect farmers' rights through national regulations. The 1991 UPOV rules require regulations for the protection of plant varieties as well as seed patent rules in accordance with the clauses in the 1991 UPOV. This rule is clearly intended for company seed breeders, so that the economic-business aspect becomes the main stream in the 1991 UPOV rules. When viewed in Article 14 of the UPOV Convention the scope breeders are narrowed down only to breeders who already have patents on seeds and protection of plant varieties. Automatically there is no protection against smallholder breeders for seeds, because it is not regulated in it.

UPOV will eliminate local knowledge and farming culture for small farmers in managing local seeds from generation to generation. UPOV does not respect and even recognizes the farming pattern of small farmers as subjects who have been managing agriculture and food since time immemorial in a traditional-independent manner.

2. The 1991 UPOV contradicts the UNDROP Declaration and the ITPGRFA Agreement
The 1991 UPOV will hinder the enactment of the Ratification of Law no. 4 of 2006 concerning the Agreement on Plant Genetic Resources for Food and Agriculture, in particular to Article 9 of the agreement – the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) which protects and respects the rights of farmers.[1] Article 9 of the ITPGRFA recognizes comprehensively the protection of traditional knowledge of farmers and indigenous peoples, to the right to be heard and involved in decision-making on agriculture and food matters.

Furthermore, the 1991 UPOV has clearly contradicted the UN General Assembly's UNDROP Resolution. Clearly and unequivocally Article 19 of the UNDROP Declaration recognizes eight fundamental rights of farmers and people working in rural areas to their agriculture. Starting from the right to maintain, control, protect and develop their own seeds and traditional knowledge. To encourage the state to protect the interests of farmers contained in national policies.

The rights of farmers that have been regulated both in the ITPGRFA Agreement which has been ratified by Indonesia and in the UNDROP Declaration will be ignored if Indonesia "insist" or joins as a member of the 1991 UPOV.

This is a true note of inconsistency for the Government of Indonesia, when it “insisted” on joining the 1991 UPOV. Because farmers are faced with unclear implementation of protection policies for them. The Indonesian government should have been wise in protecting the rights of farmers through committed arrangements, not "insisting" on becoming a member of the 1991 UPOV which clearly harmed the rights of farmers and favored the company's seed breeders.

3. UPOV causes erosion of biodiversity
The requirements for uniformity and stability of seeds focus on developing limited standard varieties. Farmer varieties cannot meet these criteria because they are constantly evolving. UPOV only values homogeneity and not biodiversity of agricultural resources. This subjective approach has led to genetic erosion, and made plants vulnerable to pests, diseases and climate change stresses. It is estimated that about 75% of the genetic diversity of crops has been lost as farmers around the world are forced to abandon their local varieties for genetically uniform varieties that only produce crops under certain conditions. This also causes genetic diversity in plants to also decrease.

Furthermore, genetic diversity and the nature of seeds that vary and adapt to the characteristics of the surrounding environment have an important meaning in the social, economic and ecological life of farmers. So that they can get around the agricultural culture and maintain the sustainability of their agriculture for many years. This will be threatened immediately when homogeneous seeds intervene in farmers' agriculture. If they continue to be forced to join the 1991 UPOV, the Indonesian government will participate in killing the diversity of seeds and food plants in the archipelago.

Not only killing biodiversity and microbiological elements, but destroying endemic biodiversity which is a geographical entity as a site for the life of agrarian communities in Indonesia.

4. UPOV burdens farmers' production costs
Because UPOV enforces patent and seed certification rules, farmers who want to access certified seeds must pay continuously and cannot save seeds from their harvest for the next growing season because it is considered illegal. This causes farmers' production costs to swell. Indonesia can learn from Thailand, which even predicts a 200-600% increase in seed prices.

In terms of production costs, the use of chemical fertilizers can damage nutrients and soil-decomposing microorganisms, resulting in mutations of plant-disturbing organisms that are increasingly immune, so farmers need to incur additional costs for controlling pests and diseases.

Seeds sold by agrochemical companies, especially transnational companies that could increasingly sell their products freely to Indonesia if Indonesia became a member of the 1991 UPOV, often sell chemical pesticides as a package with the seeds. In addition to increasing production costs, the use of chemical fertilizers can further damage the soil and chemical pesticides have an impact on the health of farmers and consumers. The increase in farmers' production costs can make it difficult for a handful of farmers to sustain their farming business and be able to switch jobs, especially with other agricultural problems experienced by Indonesia.

Therefore, we urge the Government of Indonesia to do the following:
1. Reject all pressures and pressures that pushed Indonesia to become a member of the 1991 UPOV;

2. Stop ratifying and signing free trade agreements that force Indonesia to become a member of UPOV, such as IEU CEPA, IEFTA CEPA, IJEPA, which will have a broad impact on the protection of smallholder rights;

3. Implement the UNDROP Declaration including implementing the ITPGRFA agreement by strengthening farmers' rights into national regulations.
People's Committee for the Transformation of the Food System:
FIAN Indonesia, Indonesian Peasant Union, Indonesia for Global Justice, Confederation of Indonesian People's Movement, Indonesia Human Rights Committee for Social Justice (IHCS), Indonesian Peasant Alliance (API), Women's Solidarity, Village Development, Indonesian Breastfeeding Mothers Association (AIMI), Foundation Tananua Flores, Confederation of Indonesian Labor Unions (KPBI), Transnational Palm Oil Labor Solidarity (TPOLS), FSBKU – KSN, KOBETA, FIELD Indonesia, Indonesian Fishermen Union (SNI), People's Coalition for Fisheries Justice (KIARA), Kediri Together with the People (KIBAR) ), Initiative Association, WALHI Central Kalimantan, FSRP – KSN, FS-Pasopati-KSN, Transformative Islam Samawa (SIT), Indonesian Rural Skills Development (BITRA), Agrarian Resources Center (ARC), Consortium for Agrarian Reform (KPA), Indonesian Maritime Ecology (Ekomarin), Village Community (Komdes)-Southeast Sulawesi/Yakines, Sintesa Foundation, Indonesian Traditional Fishermen Association (KNTI), Indonesian Fisherwomen's Brotherhood (PPNI), People's Coalition for Sovereignty wishful thinking (KRKP).

[1] Read more at: https://www.fao.org/3/i0510e/i0510e.pdf.
[2] UNDROP Full details can be read at the following link: https://digitallibrary.un.org/record/1650694