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September 1, 1999

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Monsanto seeking dilution of biodiversity law, alleges Pakistan

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The US seed transnational Monsanto has been working overtime to get Pakistan to dilute a proposed law that will extend protection to plant varieties under the trade related property rights or TRIPS agreement.

Officials in the Pakistani ministry of food and agriculture say Monsanto has been sending ''unsolicited suggestions'' for incorporation into the Plant Breeders' Rights Act, being devised to meet international obligations under the TRIPS agreement.

''Monsanto is also pulling powerful strings to influence the legislative process in its favor sending letters to government officials, holding meetings with politicians,'' commented an official of the ministry, requesting not to be named.

The TRIPS agreement requires signatories to extend protection to plant varieties through either patents or a sui generis system.

Pakistan has opted for the latter or a locally devised system in order to provide maximum protection to farmers against seed TNCs that are now eyeing the lucrative seed markets in developing countries.

A government committee with representatives from the ministries of commerce, agriculture and industries is working on a draft Plant Breeders Act 1999.

An NGO representative Dr Shahid Zia, research fellow with the Islamabad-based Sustainable Development Policy Institute, has also been included in the committee.

''The proposed law would allow the farmers to save, retain and exchange seeds, although they will be barred from using the seed for commercial exploitation,'' Dr Zia told IPS news agency, adding that the law proposed protection for a period of 20 to 25 years.

Formed on August 6 this year, the committee has already held two meetings and has been able to come out with the first draft that proposes adequate safeguards against transgenic seed varieties from entering the Pakistani market.

''The proposed law requires a genetically modified or a transgenic plant to clear tough environmental impact and biosafety assessments before being given protection,'' said Dr Zia.

The proposed law will also bind the owner of the genetically modified or new transgenic variety to pay compensation for hazards and damages, if caused by the use and handling of the transgenic variety.

''In such cases, assessment of such hazards and damages shall be decided by the bio-safety committee,'' reads a clause in the draft law prompting Monsanto to make representations with the government.

In a letter to the chief of the government's seed certification department dated August 16, Monsanto's managing director, Dr A Rehman Khan, has asked for the deletion of this clause saying it will be unacceptable to the TNC.

''In the presence of this clause, anybody from public can sue us and ask for compensation for hazards and damages which are kind of open-ended risks. Hence, take out this clause,'' said Khan in his fax.

''Again I repeat that this clause is not acceptable to any multinational company and it should not be different than any non- transgenic variety,'' Khan said.

UNI

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