Peasants’ and Civil Society Communities Reject the Plan of Indonesia to Join UPOV and Demand the Implementation of UNDROP for Protecting Basic Rights of Smallholders
Jakarta, 7 December 2021 – We, the People’s Committee for the Transformation of the Food System, demand the Government of Indonesia to not join the International Union for the Protection of New Varieties of Plants (UPOV). The refusal to join UPOV, which coincided with the 60th anniversary of the UPOV Convention, is not only occur in Indonesia but also in different places in the world who call for disband UPOV during the Global Week of Action against UPOV, involving 285 organizations from 47 countries.
Indonesia has been pressured to join the UPOV Convention since the Government signed 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. The UPOV threatens the freedom of peasants to cultivate and distribute their seeds and potentially will increase the criminalization of peasants. Moreover, peasants are also worried about the possibility of homogeneity of seeds and agricultural cultivation systems, while on the other hand Indonesia has the most diversity of crops and agricultural systems.
Even worse, the roadmap to join UPOV has developed by the Government of Indonesia where it only considers the economic-business aspect, and not considering the aspect of human rights, sustainability, and fundamental rights of peasants. It will jeopardize the rights of peasants, who are not taken into account as the essential factor in agriculture. The Government should reflect on the implementation of the Law no. 29 of 2000 concerning the Plant Varieties Protection, which discriminate and exclude peasants in seed breeding.
Furthermore, if Indonesia join UPOV 1991, it would be contrary to the UNDROP (UN Declaration on the Rights of Peasants and Other People Working in Rural Areas), where the spirit is to guarantee the protection of peasant rights and people working in rural areas. [1]
From the above, we, the People’s Committee for the Transformation of the Food System, build the position based on the facts as follows:
- UPOV 1991 against the rights peasants
The plant variety protection regime in UPOV 1991 has narrowed the policy space for the state to protect the rights of peasants through national regulations. The UPOV 1991 rules requires standardization plant varieties protections and pushing patent rules on seeds. Those rules are intended for seed companies so that the economic-business aspect becomes the mainstream in the UPOV 1991 rules. For example, in Article 14 of the UPOV Convention, the recognition is only given for breeders who already have patent on seeds and the protection of plant varieties. Automatically there is no protection for small peasants since it is not regulated.
UPOV will eliminate peasants’ local knowledge and farming culture in managing local seeds from generation to generation. UPOV does not recognize peasants’ farming patterns as people working in agriculture and producing food since a long time ago.
- The UPOV 1991 contradicts UNDROP and ITPGRFA – International Treaty on Plant Genetic Resources for Food and Agriculture
The 1991 UPOV will hinder the enactment of the Ratification of Law no. 4 of 2006 concerning the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), particularly Article 9 of the ITPGRFA agreement, which protect and respect the rights of peasants. Article 9 ITPGRFA comprehensively recognizes the protection of traditional knowledge of peasants and indigenous peoples, including the right to be heard and to participate in decision-making process.
Furthermore, UPOV 1991 has contradicted the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP). Clearly and firmly, Article 19 of UNDROP recognizes eight fundamental rights of peasants and people working in rural areas to agriculture. Starting from the right to maintain, control, protect and develop their seeds and traditional knowledge, to encourage the state to protect the rights of peasants in the level of national regulations.
The rights of peasants that have been regulated both in the ITPGRFA ratified by Indonesia and in the UNDROP will be ignored if Indonesia insists to join the UPOV 1991.
- UPOV generates biodiversity loss
The requirements for uniformity and stability of seeds will focus on developing limited standard varieties. Peasants’ plant varieties cannot meet these criteria because they constantly evolve. UPOV only respects homogeneity and not the biodiversity of agricultural resources. This subjective approach has led to genetic erosion and made plants vulnerable to pests, diseases, and climate change. It is estimated that around 75% of plant genetic diversity has been lost as peasants worldwide are forced to abandon their local varieties for genetically uniform varieties that are only harvested under certain conditions.
Furthermore, biodiversity and the nature of seeds that vary and adapt to the characteristics of the surrounding environment have an essential meaning in the social, economic, and ecological life of peasants. This system will be threatened immediately when homogeneous seeds intervene in peasants’ agriculture. If the pressure to join the UPOV continues, the Government of Indonesia will kill the diversity of seeds and food plants of the archipelago.
Not only killing biodiversity and microbiological elements and destroying endemic biodiversity but also destroying a geographical entity of a site for the life of agrarian society in Indonesia.
- UPOV burdens peasants’ production costs
As UPOV enforces patent and seed certification rules, peasants who want to access certified seeds must pay continuously. They cannot save seeds from their harvest for the next growing season because it is illegal. Being unable to save the seed causes peasants’ production costs to increase. Indonesia can learn from Thailand, where the seed prices rise from 200% to 600%.
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. Hence, peasants need to spend additional costs for controlling pests and diseases.
Seeds are sold as a package with the chemical pesticides by the transnational agrochemical companies who could increasingly sell their products freely to Indonesia when joining the UPOV 1991. Besides the high of production costs, the use of chemical fertilizers can further damage the soil and impact the health of people. The high production costs put peasants in a difficult situation to continue their farming. As a result, peasants leave their land to find well-paid jobs in the city.
Therefore, we demand the Government of Indonesia to:
- Refusing all pressures to Indonesia to become a member of UPOV 1991;
- Stop ratifying and signing free trade agreements that have forced Indonesia to become a member of UPOV, such as IEU CEPA, IEFTA CEPA, IJEPA, which will have a broad impact on the protection of the rights of peasants’;
- Adopt the UNDROP into national legislation and Implement the ITPGRFA.
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[1] UNDROP Selengkapnya dapat baca di link berikut: https://digitallibrary.un.org/record/1650694.
People’s Committee for the Transformation of the Food System:
FIAN Indonesia, Indonesia for Global Justice (IGJ), Serikat Petani Indonesia (SPI), Konfederasi Pergerakan Rakyat Indonesia (KPRI), Indonesia Human Rights Committe for Social Justice (IHCS), Aliansi Petani Indonesia (API), Solidaritas Perempuan, Bina Desa, Asosiasi Ibu Menyusui Indonesia (AIMI), Yayasan Tananua Flores, Konfederasi Persatuan Buruh Indonesia (KPBI), Transnational Palm Oil Labour Solidarity (TPOLS), FSBKU – KSN, KOBETA, FIELD Indonesia, Serikat Nelayan Indonesia (SNI), Koalisi Rakyat untuk Keadilan Perikanan (KIARA), Kediri Bersama Rakyat (KIBAR), Perkumpulan Inisiatif, WALHI Kalteng, FSRP – KSN, FS-Pasopati-KSN, Samawa Islam Transformatif (SIT), Bina Keterampilan Pedesaan Indonesia (BITRA), Agrarian Resources Center (ARC), Konsorsium Pembaruan Agraria (KPA), Ekologi Maritim Indonesia (Ekomarin), Komunitas Desa (Komdes)-Sulawesi Tenggara, Yakines, Yayasan Sintesa, Kesatuan Nelayan Tradisional Indonesia (KNTI), Koalisi Rakyat untuk Kedaulatan Pangan (KRKP), Persaudaraan Perempuan Nelayan Indonesia (PPNI).