PLANT GENETIC DIVERSITY IN SUB-SAHARAN AFRICA
Paul Thérence Senghor
Rice Breeder, ISRA/CRA, Saint-Louis, Sénégal

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1. INTRODUCTION

The increase in agricultural productivity resulting from research carried out in recent decades might have offered hope for greater food availability in developing countries in general, and in African countries in particular. Unfortunately, the present day situation is quite different. In a number of African countries, food security is far from being achieved. In 1996, even though production increased in a number of areas in the region, millions of victims of natural disasters still needed a considerable amount of food relief. In mid-1997, no less than 29 countries in the world, half of which are situated in Africa, suffered from severe food shortages necessitating exceptional or emergency food assistance (FAO, 1997).

The reasons for this situation are numerous. First, population growth outstrips food production. Secondly, year after year, the situation worsens as a result of the deterioration of arable land due in part to desertification, salinity, floods, urbanisation or civil wars, as well as to high and persistent crop losses before and after harvest due mainly to resistance of diseases and insects to pesticides.

The agronomic solutions to this problem consist in either improving the techniques of land cultivation (soil cultivation and management, irrigation, plant protection, etc.) or improving the genetic characteristics of the crops. In fact, both solutions are very closely linked, for it is obvious that it is preferable to fertilise and irrigate improved species with high yield potentials rather than use local varieties adapted to natural local conditions, but with no inputs. The improvement of plant varieties for higher yields and greater availability of a number of improved varieties adapted to the major constraints of the environment (soil, climate, pests, etc.) will be achieved through the inventory, analysis, conservation, exchange and experimentation of plant genetic resources, namely the resources of plant genetic variability composed of the wild and cultivated populations of a given plant species (Pernés, 1984).

The rapid degeneration of natural ecosystems and extinction of traditional varieties due to the introduction of so-called "improved" varieties makes it even more urgent to conduct this inventory, analysis and conservation. The inventory enables us to record, for each plant species, the cultivated varieties and the existing wild related species of important food crops. The analysis of these plant populations will provide data to evaluate, on the one hand, diversity within the same species, which is the expression of genetic diversity, i.e. the variability of genes and/or existing genomes within a given species (intraspecific variability), and on the other hand, diversity between the different species (interspecific variability). The study of species in their habitat, i.e. the area where these species naturally exist, leads us to the notion of the ecosystem. By this we mean a dynamic complex of plant, animal, micro-organism communities and their non-living environment interacting as a functional unit. The diversity of genes, species and ecosystems constitute the three conceptual levels of biological diversity or biodiversity (UICN, 1996).

In this paper, we are only interested in the element of plant genetic diversity and in its management, conservation and use in the socio-economic, institutional and cultural contexts of Sub-Saharan Africa. First, the paper will present the different management options of plant genetic diversity. Secondly, a few points dealing with the measures recommended by the Conference of Parties to the Convention on Biological Diversity on the issues of biological resources conservation using traditional knowledge will be discussed, also with classical methods used by seed services. In the third part, the paper will discuss the sustainable use of plant genetic resources and, in the fourth part, on the basis of the viewpoints of the different regions and particularly the African region, we will try to acquaint ourselves with the current international conventions and answer the following question "How could these conventions facilitate or restrict the use of plant genetic resources?"

2. MANAGEMENT OF PLANT GENETIC RESOURCES

2.1. Traditional practices for plant genetic resources management

In traditional agricultural systems in the developing countries, farmers preserve plant genetic diversity through the way they use plant genetic resources. These farmers utilise cultivars well adapted to the environment and complying with certain preferences. These "land races", which are identified by their local names, present a wide diversity in relation with their domestication and the coupling "wild varieties - cultivated varieties". The diversification of these traditional varieties, which is linked with precise and varied ecological adaptations, is the result of an ongoing empirical selection in order to satisfy the needs of farmers. The wild species related to the cultivated plants are the active sources of the genetic variability of the traditional cultivars in the areas of origin or diversification.

The farmer, with his traditional knowledge, plays an important role in the control of gene transfers, which result from agricultural management practices and the choice of seeds. He knows the wild spontaneous forms related to the cultivated cereals and distinguishes the natural hybrids by giving them a name. The characteristics of these seeds are known (morphology, shelling, and grain quality) and they are occasionally consumed. They are often involved in the reproductive process (pollination), but they are never used as seeds. For seeds, the best plants showing good growth are used and they are generally chosen before the harvest. Within the self-pollinating species, this practice favours the choice of varieties coming either from breeding of intra and/or inter cultivars or from backcrosses of hybrids "cultivated x wild types" by the cultivated parent. Even though the rates of fertility in cross-breeding are low in the case of self-pollinating species, they are made higher by the presence of male sterile plants in the traditional varieties. With the open pollinating species, the hybrid structures are usual. Their creations can, however, be limited by the reduction of the frequency of hybridisation "cultivated x wild types" due to reproductive barriers of diverse nature (delay in flowering periods, partial differentiation) and by the linkage of the genes controlling the characters of domestication.

The varieties of rice cultivated in Africa are a good example of this coupling (cultivated species - wild species), which is favourable to the expansion and preservation of genetic diversity. The Asian species Oryza sativa, which has been recently introduced in different parts of Africa (Guinea-Bissau, Zanzibar), has given birth in 5-10 centuries to a great number of well-adapted cultivars. The ORSTOM/IRAT collection has more than 1000 samples of traditional rice varieties whose diversity is essentially about the panicle and the grain, the growth duration in relation with climate, the adaptations to different agricultural practices (upland, lowland, swampland, etc.), the photo-periodic response and the use for food. The O. sativa species has supplanted in its own area the O. glaberrima species which is domesticated in Africa, with the exception of some areas, such as maritime Casamance (Senegal), the swampland of Guinea Bissau and the inner delta of the Niger in Mali. To this profusion of local rice cultivars, we can add the weed species (O. breviligulata, O. stapfii) and sometimes wild ones (O. longistaminata) which can be in association in the same area of cultivation as in Mali and Guinea. This situation favours gene exchanges within the community of species and the introgressions between cultivated and wild species.

Thus, the farmers and their communities, through the control of gene transfers resulting from their traditional agricultural practices, manage in a judicious way the plant genetic resources which satisfy their livelihood needs, and expanding in time and space plant genetic diversity while preserving it at the same time.

2.2. Management of diversity by national agricultural research institutes

In most national agricultural research institutes in Sub-Saharan Africa, crop improvement programmes are constrained by a number of factors. The process of varietal development being a long one, the decision-makers in these institutes, under the pressure of donor agencies, encourage and direct activities towards the screening of existing varieties, namely the identification of interesting varieties from the collections of regional and/or international networks. They discourage and even suspend plant improvement programmes which, while expanding genetic variability, favour at the same time the creation of new varieties much better adapted to the specific agro-ecosystems of African countries.

Researchers in these institutes, therefore, have at their disposal the same genetic material. The consequence of this is the reduction of the genetic base of varieties existing in the region, which might result in yield losses. An observation of the working collections of most of the breeders in the West African sub-region, especially in the case of rice, reveals the existence of a very restricted genetic base in the different environments where WARDA operates (Senghor, 1994).

In the NARIs, the budget is often kept within tight limits, which does not allow for financial resources for cold storage rooms. The cold rooms now existing in these institutes are, for most of them, vestiges of the past. Equipment is not renewed due to scarcity of funds or lack of conviction on the part of decision-makers about the need to restore the storage facilities (gene banks). The consequence of all this is tremendous genetic erosion.

Before a plant improvement programme starts, it is very important to have knowledge of the environment where the varieties will be grown (cultivation practices, agro-ecosystems, plant material available, climatic, edaphic, biological and socio-economic constraints). Even for this work of prospecting-diagnostic which is the key to success in any programme for plant improvement or research programme in general, a lot of shortcomings are revealed in most Sub-Saharan countries. This situation is due to the lack of funds in the research institutes or the absence of a well-trained staff or absence of political will inherent in a lack of information on the matter. It is the role of the national institutes for agricultural research to make the information available.

Among the countries of the region we can point out a few researchers as examples to follow. They have been able to convince the decision-makers in their countries of the importance of good plant genetic resources management in order to achieve national food security. Ethiopia is a case in point where the Ministry of Agriculture has devised a coherent agricultural development programme mingling in a successful way all the possibilities offered both by modern science and traditional knowledge. The success enjoyed by this country in the field of plant genetic resources management is, without any doubt, the result of well-trained staff combined with political will and, most of all, the assistance of donor agencies and international organizations, the most important of which being the Food and Agriculture Organisation (FAO). Therefore, the Programme for Technical Co-operation of the FAO is encouraged to keep on helping the countries of the region to develop the facilities for plant genetic resources management. Thus they will help in the sensitisation of the decision-makers about the importance and role of plant genetic resources in order to achieve food security.

2.3 Management of diversity by subregional and regional institutes

Researchers in regional institutes work in conditions that favour the utilisation of plant genetic diversity available at regional as well as international levels. In general, the means available in these institutes allow the implementation of gene banks according to the recommendations of specialised institutes, such as the International Plant Genetic Resources Institute (IPGRI). Moreover these international institutes, which have been established in order to assist the national institutes, benefit from the plant genetic diversity existing in the countries of the region. Their chances of success in the development of new genetic material satisfying the needs of the region are proportional to the magnitude of the genetic diversity available in the region. This accounts for the relative success of international institutes for agricultural research such as WARDA, IITA, or those of the Southern Africa Development Community (SADC).

The new genetic material developed by these institutes are in general given to the national researchers living in the different member countries in order for them to carry multi-locational and pluri-annual tests within the framework of joint research projects. This is, in a way, a sharing of the benefits - for the plant genetic resources used to design these new genetic materials have been collected in the different countries of the region.

These institutes can and must also help the national institute of agricultural research with the management of plant genetic resources as their mandate binds them to do.

3. CONSERVATION OF PLANT GENETIC RESOURCES

Through their agricultural practices and their ways of life, farmers and local communities in remote areas, where access to improved varieties is limited, contribute to the widening and conservation of plant genetic diversity. Paradoxically, in a number of African countries, the development of a modern agriculture, with high yields relative to population growth and industrialisation, has led to the replacement of traditional cultivars by a limited number of improved varieties. This phenomenon which has started in developed countries has now reached the tropical region of Africa, Asia and Latin America. Moreover these regions, where most of the plant genetic resources are found, are the victims of large-scale deforestation. In the absence of supporting measures, this massive destruction of natural ecosystems leads to desertification, soil erosion and therefore to the reduction of the genetic diversity of the plants conserved in situ by the farmers and the local communities.

3.1 Measures for in situ conservation

The Conference of Parties (CoP) to the Convention on Biological Diversity (CBD) has concluded that the massive destruction of ecosystems is, in a great measure, due to bad or ill-implemented governmental policies. Therefore the Conference, through its decision III/14, paragraph 3 concerning the implementation of article 8 (j) on traditional knowledge, has suggested that governments, international agencies, regional organisations, research institutes, representatives of local communities, and non-governmental organisations, provide the Secretariat of the Conference with case studies on the implementation of article 8 (j) and the connected provisions. Following this, a workshop on traditional knowledge and biodiversity was held in Madrid (Spain) in November 1997. On the basis of the conclusions drawn by this workshop, the 4th CoP has suggested that additional studies on the implementation of article 8 (j) be carried out so that the Parties and the local communities could widely share their experiences and that everyone could have a clearer idea how article 8 (j) could be implemented. The Conference has also suggested that the following themes be emphasised: (i) national legislation; (ii) respect and preservation of knowledge, traditional practices and innovations; (iii) specific implementation of knowledge, innovation and traditional practices; (iv) arrangements for benefit-sharing; (v) incentive measures; (vi) use of traditional ecological knowledge for the survey of ecosystems; and (vii) technology transfer.

3.2 National legislation

Governmental policies are very often responsible for the disappearance of both cultural and biological diversity. The consequence of this is that in order to fulfil the duties which fall on them according to the wordings of paragraph (j) of article 8, the Parties must start by identifying and eliminating the impact of policies which can contribute to the disappearance of biological diversity because of the erosion of cultural diversity these policies often lead to. Thus the CoP, by its decision III/14, paragraph 1, has suggested that parties pass national legislation and devise strategies, plans and programmes for the implementation of article 8 (j). Parties must, in particular, take the opinion of those local communities into consideration whose useful traditional ways of life ensure the conservation and sustainable use of biological diversity.

During the 4th CoP, most Parties to the Convention on Biological Diversity (CBD), have had to make a number of national reports following decision III/14, paragraph 2. These national reports had to make an inventory of biological resources and therefore of plant genetic resources. However, apart from Ethiopia and some countries in Southern Africa, it can be said that a number of other countries in the region faced a lot of problems for the setting up and/or implementation of a body which could manage in an appropriate way the conservation, access and sharing of benefits (WWF, 1998). We can, though, mention the existence of a number of rules and regulations dealing with diverse issues: natural resources, land administration, protected areas, protection of cultural heritage and local languages, intellectual property rights, etc.

Because of the importance of the enforcement of article 8 (j) for the developing countries in general and African ones in particular, a workshop could be held in order to harmonise legislation, for in most of these countries farmers and their local communities have traditional ways of life relevant to the in situ conservation of plant genetic resources. This has led Ethiopia to bring its national legislation to the knowledge of the African representatives at the different negotiations, which are going on now.

3.3 Respect, preservation of knowledge, innovations and traditional practices

As already mentioned, farmers and their local communities, especially those living in remote areas where access to new varieties is not easy, have knowledge, innovations and traditional practices that are relevant for the conservation of biological diversity and its sustainable use. This traditional knowledge must be respected and preserved (Article 8.j). A number of measures have been recommended by the 4th CoP to ensure the respect and preservation of this traditional knowledge. The measures are: i) an inventory of the traditional species used by these farmers and their communities; ii) meetings with these communities in order to define policies, laws, strategies to develop co-operation for the conservation of diversity; iii) the statement by those communities of the way they see the relation between man and nature for the definition of the ethics of conservation; iv) the passing of laws on the protection of cultural heritage, especially protection and regulations on the access to sacred sites; v) the participation of these communities in the management and sustainable use of endangered species which have some cultural importance for a given community; and vi) the implementation of incentive measures which encourage the protection and recording of traditional knowledge and the preservation of local languages (books, cultural centres, etc.).

These different measures are the conclusions drawn from the case studies during the workshop on traditional knowledge and biological diversity, held in Madrid in November 1997. Even though none of the case-studies came from Africa, these measures can, however, be well adapted to the institutional, economic and socio-cultural realities of Sub-Saharan Africa. Moreover, they partly reflect views held in some countries which are quite representative of the region: Cameroon (Lisinge, 1998), Côte d’Ivoire (Zoundjihékpou, 1998), Kenya (Situma and Tamale, 1998), Uganda (Ntambirweki and Tamale, 1998).

3.4 Application of knowledge, innovations and traditional practices

The cases studied at the workshop on traditional knowledge and biodiversity have shown that the traditional knowledge of local communities can be well combined with western science and technology. Indeed the communities have shown a good spirit of collaboration. In one of the cases studied, the concerned governmental services conclude as follows: "The osmosis between traditional knowledge and western science has sustainably modified the way researches, studies and evaluations are carried out in the Arctic."

3.5 Arrangements for the sharing of benefits of biological diversity

The sharing of benefits arising from the use of traditional knowledge, innovations and practices is one of the key elements of the Convention. It constitutes a stimulus for the farmers and their communities who are the holders of this knowledge. The sharing of benefits is also one of the most sensitive issues of the ongoing negotiations and is closely linked with that of access. We’ll come back to this later on. Coming back to the Madrid workshop, we can say that an equitable and fair sharing of benefits could be achieved in the following way:

3.6 Intellectual Property Rights

Few countries have taken measures to protect the traditional knowledge of their communities. But nowadays, several of them are aware of the necessity to do so. Therefore they are amending their laws in order to achieve a better protection of this traditional knowledge. With a view to achieving this, experts in plant breeding and agents of the ministries of culture from the member states of the African Intellectual Property Organisation (AIPO), held a meeting in Ouagadougou (Burkina Faso) from July 8th to 12th, 1998. The meeting was about the revision of the Bangui Agreement. This revision aims to protect varieties and cultural heritage. The workshops, which were held concomitantly, were sponsored by international agencies such as the World Intellectual Property Organisation (WIPO), the International Union for the Protection of Plant Varieties (UPOV) and the United Nations Education, Science and Culture Organisation (UNESCO).

Parties to the CBD are more and more interested in intellectual property rights. These intellectual property rights are closely linked with the issue of access to genetic resources and lead states to pass laws with a view to better protecting what they consider as their property. However, some Parties, developing countries in particular, find this idea of property rights unacceptable for they think that this is a form of monopoly which is against article 15.1 of the CBD about an equitable and fair sharing of benefits arising from the use of genetic resources. However, we have to bear in mind that intellectual property rights acknowledge and stimulate innovators. In this particular case, the innovators are the local communities who are the holders of the knowledge, innovations and traditional practices which are relevant for the conservation of plant genetic diversity.

3.7 Incentive measures

The local communities are aware of the fact that the erosion of their traditional knowledge has never been so bad as it is now. The erosion of knowledge is more detrimental to the conservation of biodiversity than the erosion of resources. Therefore, they want to take urgent incentive measures to sensitise the younger generation about the importance of the knowledge, innovations and traditional practices of their elders. Hopefully the younger generations will want to learn them, adapt them and put them into practice.

Even though most of the case studies revealed that the knowledge belonged to the whole community, it is important to also take into account some specific and unique knowledge that belonged to some individual farmers. The incentive measures should therefore take into account these two aspects of the question. At the community level, general incentive measures could be taken such as legislative and institutional measures, measures to strengthen capacities, tax rebates, etc. At individual level, the measures could target some precise types of knowledge, innovations and traditional practices and therefore would particularly address the individuals who are the holders of this knowledge.

3.8 Use of traditional ecological knowledge for the protection of ecosystems

The Subsidiary Body for Scientific, Technical and Technological Advice (SBSTTA) of the CBD considers that traditional taxonomic systems offer a useful perspective to biological diversity and should, as such, be part of the taxonomic knowledge at all levels (national, sub-regional, and regional). The lack of taxonomists at the global level and the necessity for adequate scientific training have also been mentioned. In the elaboration of indicators, traditional knowledge could play a very important role for the conservation, sustainable use, survey and evaluation of biological diversity. Even though a number of studies on traditional knowledge have been carried out, few have shown concrete applications of the knowledge. Such studies would provide understanding and description of the evolution of given ecosystems.

3.9 Technology transfer

Traditional knowledge is a soft technology and, as such, the local communities who are the holders are under certain obligations by virtue of article 16 [access to technology and technology transfer] of the CBD. These communities are bound to help and/or make it easy for other contracting Parties to have access to the technologies necessary for the conservation and sustainable use of biological diversity and to facilitate transfer.

3.10 Ex situ conservation

The conservation of the constituent elements of biological diversity outside their natural habitat is a mode of conservation that complements the in situ conservation of plant genetic resources. The Convention compels all contracting Parties to make use of it (Article 9.a). Ex situ conservation is often used for cultivated species. The techniques of ex situ conservation such as "gene banks", "seed banks" and "in vitro conservation" are the main methods used for the species that are important for agriculture, in particular, for traditional varieties and other cultivars produced by the farmers.

There are generally two types of plant collections: the breeder’s working collections and the collections for the conservation of genetic resources. The first type develops, in part, according to the breeder’s interests and his selection schemes. These collections are not representative of the existing genetic diversity but they can, however, have a more or less wide variability from one research station to another. The second type is in line with the Convention’s objective and has a wider base of genetic diversity. It is comprised of original strains from working collections; introductions from other centres for plant genetic resources and collecting and/or prospecting activities carried out on the basis of the different cultivated species and closely related wild species potentially belonging to the same gene pools.

Ex situ conservation of seeds depends on the longevity of the seed. With plant species, this longevity varies, in natural conditions, from a few days (one month at most for Theobroma cacao and Hevea brasiliensis), about ten years (10 years for the Gossypium species), a hundred years (Mimosa glomerata) and even a thousand years (Nelumbo). Depending on the longevity of seeds, we'll distinguish micro-biotic seed whose longevity does not exceed 3 years, meso-biotic seed which are the commonest and whose maximum life length varies between 15 to 20 years and, finally, macrobiotic seeds, which can still germinate after tens or hundreds of years. (Harrington, 1970; Mangenot, 1975).

It has been noticed that, under all climates, the longevity of grains is shorter in the rainy tropics than in the regions with bleak winters (Mangenot, 1975). It has also been observed that longevity is generally favoured by a high hydration of seeds, the presence of impermeable seed coats (leguminous plants) and by storage in a dry environment at a low temperature. The environment, therefore, plays an important role in the viability of stored seeds. By environment, we mean temperature, the degree of humidity of seeds and in a lesser degree, the constitution of the atmosphere. (Roberts, 1972, 1975; Roberts and Ellis, 1977)

Other factors such as the conditions of production (Roberts and Ellis, 1977), harvest and storage of seeds (Moore, 1972), the gaseous environment of stored seeds have an effect upon the viability of seeds in ex situ conservation. This viability also varies depending on the genotype and whether the stored variety is dormant or not (Roberts, 1972; Lewis, 1964 cited by Roberts, 1972).

It is on the basis of all this that different measures for ex situ conservation of seeds are now taken for the short, medium as well as long-term. These conservation measures are costly. They require appropriate equipment, a well-trained staff and a lot of financial resources.

3.11 Ex situ conservation practices of seed services

In the African context, where resources are scarce, the seed services often practise a very short-term conservation (less than a year). This conservation consists in storing the harvested seeds of the preceding year (n) for distribution the following year (n+1). With this mode of conservation, the seeds are conditioned and put in bags or left unpacked, then they are stored in warehouses or storage towers built for this purpose.

Most seed services have complex seed conditioning facilities. The conditioning is very important and its objectives are: (i) to remove impurities and bad quality seeds; (ii) to calibrate seeds; (iii) to use pesticides to protect seeds; and (iv) finally to put them in sacks and store them or leave in bulk in well-ventilated metallic warehouses before being distributed.

The stored seeds must be closely watched during storage with a view to preventing pest infestation and to treat it if that happens.

Moisture and temperature in the storage towers are the same as in ambient air. However, we can find in some countries cool warehouses or storage towers with a thermostat for regular control of temperature. These air-conditioned warehouses are often used for the conservation of security stocks that is about 20% of seed production. This stock is renewed each year.

The ex situ conservation of seeds, besides the progressive reduction of germination rate it entails, goes with an increase in the frequency of genetic modifications in viable seeds. There are generally two types of modifications: chromosome accidents (Villiers, 1975; Soldatov, 1976) and mutations (Adballa and Roberts, 1969). However, as the above mentioned modes of conservation are practised over a short period of time, they can preserve the seeds from modifications specially due to medium and long-term modes of conservation (Roberts et al., 1967).

Well-trained personnel are usually available but working means are scarce, which has consequences on the quality of seed control services.

Most of the countries in the region are faced with difficulties in management of their seed supply systems. In these countries, the research is in charge of management of the active germplasm collection and the maintenance of breeders' seed. The successful production of basic seed by development services will depend upon the capacity of the research to produce the required quantities of pre-basic seed. Lack of co-ordination in seed-related activities between the research and the development agencies, and the scarcity of means available to the seed control services, cause a lot of problems that have a negative impact on the whole seed supply system, and particularly on the availability of seeds of good quality and in adequate quantities for the farmers.

4. USE OF PLANT GENETIC RESOURCES

The final goal of conservation is to enable the agricultural community the benefit, for the longest possible time, of the elements of biological diversity available at the present time. Benefiting from biological diversity means using it for economic purposes (source of revenue or subsistence consumption) or non-economic purposes (cultural or religious). Some of these uses consume resources or destroy them; other uses don’t either consume or destroy resources, however the line between these two types is hard to draw. The question, therefore, is how can we, in the case of the exploitation of plant genetic resources which are elements of biological diversity, combine "the preservation of plant genetic diversity" with "the satisfaction of the consumption needs" of an ever-growing population?

In regions with great genetic variability of cultivated plants, that is, the centres of origin or diversification, most of the ecosystems have preserved a good part of plant genetic diversity. That is the case of inter-tropical ecosystems such as some dense non-exploited forests with wild trees and shrubs (coffee trees and kola nut trees in Africa, cacao-trees and heveas in Amazonia), or savannah grasslands with a high presence of graminaceous or leguminous fodder plants (Brazil, Eastern Africa). Farmers in these regions have traditional management practices, as we have already seen, which combine use and preservation.

To find solutions to this, the Laboratory for Selection Methodologies, now the Plant Genetic Station (Paris), has tried to develop a strategy combining "use" and "continuous improvement" of basic material. This strategy is called "integrated strategy for variety creation" or "recurrent variety creation" (Gallais, 1977). Also, at global level, negotiations are carried out for the conservation and sustainable use of plant genetic resources. Such activities are conducted by the International Bureau for Plant Genetic Resources (IBPGR), now the International Plant Genetic Resources Institute (IPGRI) and the inter-governmental Committee on Plant Genetic Resources of the FAO established in 1983 and now called the Commission on Genetic Resources for Food and Agriculture (CGRFA) since 1995.

4.1 Definition of plant improvement

The improvement of plants can be defined as the art and science of creating varieties. It is the way of "developing" one variety according to certain rules based on biological, genetic, biometric and economic knowledge. The breeder is the developer.

From the point of view of genetics, improvement can be considered as the whole processes which enable to build another group of individuals that can more or less be perpetuated, i.e. the variety, from individuals (populations, ecotypes) which do not have certain characters at the desired level of expression. This is how progress is made. All this is about using the genetic diversity between characters to obtain better quality plants more adapted to their use (Demarly, 1977; Gallais, 1977).

4.2 Strategy for plant improvement

The improvement of plants is an economic undertaking. Its general objectives are essentially the increase in quantity and quality production of plants. The strategy to achieve this must be conceived so as to include the most important genetic progresses possible, in the short or long term, with a better use of means (time, space, equipment, personnel, etc.). It is about managing, in the best way, the available genetic resources but also all the material and human means.

We have seen that, in a number of African regions, the development of modern agriculture with high yields, relative to population growth and industrialisation, has led to the progressive substitution of traditional cultivars by a limited number of improved varieties, thus reducing genetic diversity. This phenomenon has led some defenders of biodiversity to be apprehensive about improved varieties and their breeders. Indeed, the creation of varieties leads inevitably to the loss of biodiversity. In order to ensure a long-term efficiency of plant breeding, the rapid reduction of biodiversity should be avoided. Therefore, we have to distinguish "variety creation" and "continuous improvement of basic material" (Gallais, 1977).

This improvement is achieved through limited use of consanguinity and controlled panmictic breeding of selected plants and this after a number of selection cycles. Hanson (1959) and Rives (1975, 1976) in fact both recommend several breeding cycles before selection. Fouilloux (1981) points out the necessity for a certain number of selection cycles and shows that the genetic benefit is higher than with a single cycle using the same groups.

Figure 1 (Appendix 1) shows the selection strategy that allows the combination of short term efficiency, i.e. the direct use of genetic diversity for the creation of new varieties with long term efficiency, i.e. the continuous improvement of basic material (Gallais, 1977). The centrepiece of this strategy is the improvement of basic material. It is made up with the accumulation of several selection cycles - the output material from a cycle obtained through controlled panmictic interbreeding, selected material used as input material to the following cycle. This is recurrent selection.

This centrepiece can branch out into any cycle for the creation of new varieties and also be open at any stage to the introduction of new material. This selection strategy is called "recurrent variety creation" or "recurrent selection for variety creation" (Gallais, 1977).

4.3 Global plan of action (GPA)

Concomitantly with the new approach in variety creation, different programmes for the management of plant genetic resources are developed in order to implement the Global Plan of Action (FAO, 1996). The implementation of these programmes allows the wide use of new varieties, which are highly productive without fear of the loss of genetic diversity for conservation in/ex situ is ensured. The GPA holds the specific recommendations of the International Technical Conference on Genetic Resources and the strategies to develop in order to achieve these objectives (see Appendix 2).

5. ROLE OF INTERNATIONAL AGREEMENTS

Different negotiations related to plant genetic material are now being carried out at the international level. Among these negotiations we can cite the International Union for the Protection of Plants Varieties (UPOV) with 37 members, the Convention on Biological Diversity (CBD) with 172 members, and the International Undertaking on Plant Genetic Resources for Food and Agriculture (IU/PGRFA). The CBD takes into account obligations taken by the Parties in relation to the other conventions such as the UPOV Convention. In order to better understand these conventions, we’ll make a short presentation of each one of them. Then we will talk about their objectives before giving the viewpoints of the different regions as to the negotiated issues with insistence on the two parts of the world, which are the African region and the developed countries.

5.1 The UPOV Convention

5.1.1 Background

The International Union for the Protection of Plant Varieties (UPOV) is an intergovernmental organisation, which has its headquarters in Geneva. The UPOV convention was signed in Paris in 1961, and then it came into effect in 1968. It was revised in Geneva in 1972, 1978 and 1991. The 1978 Act came into effect on 8 November 1981. The 1991 Act came into effect on 24 April 1998. Under a co-operation agreement with the World Intellectual Property Organisation (WIPO), a UN agency, the Director General of this organisation assumes the functions of Secretary General of UPOV. He is helped by a Deputy Secretary-General and a team of international officials.

5.1.2 Objectives

The fundamental objective of breeders’ rights is to give the breeder whose research has been successful a better chance of recovering some of the funds invested and to raise the funds necessary for the continuation of his activities. The protection (reward given to the breeder for his research) is a way of acknowledging the breeders’ right on the new variety. This is an exclusive intellectual property right which, in the same way as rights of this type, gives the holder a "negative right" according to which his permission will be required before exploitation of the variety.

This right is not, therefore, a monopoly right. To benefit from protection, a variety must be (i) distinct from all pre-existing varieties that are well-known; (ii) entirely homogeneous; (iii) stable; and (iv) new, that is, it has not been traded before certain appointed dates in relation to the date of submission of the copyright request.

5.1.3 Benefits of being a UPOV member

By being a member of the UPOV, a State pledges to protect breeders on the basis of principles that are acknowledged at world level. It gives its own breeders the possibility of being protected in other member States and encourages foreign breeders to take part in the improvement of plants and the production of seeds on its own territory. Membership to the Union allows the country to have its share of the experience acquired by all the member States, to benefit from it and to contribute to the promotion of plant improvement in the world. In order to reach this goal, constant inter-governmental co-operation is necessary, which assumes the support of a specialised Secretariat.

Despite these advantages in favour of the promotion of plant improvement, some Parties, namely developing countries, with the support of a few Non-Governmental Organizations (NGOs), think that UPOV has a negative impact on conservation of biological diversity and discourage membership to UPOV (GAIA and GRAIN, 1998a, 1998b).

To ensure its own promotion UPOV should, therefore, facilitate dialogue with Parties. That is why a first seminar was held, in December 1997, on "the nature and justification of protection of plant varieties under the UPOV Convention". A second seminar was held, in July 1998, on "the revision of the Bangui Agreement, appendix VIII related to plant varieties", respectively by UPOV and AIPO. The revision of appendix VIII should harmonise this appendix with the 1991 Act of the UPOV Convention. Once harmonised, the AIPO, on behalf of its member States, will make the said appendix available and have its conformity with the 1991 Act of the UPOV Convention checked. This is normal procedure under article 34.3 of the said Act before application for membership is made (Article 34.2).

5.2 Convention on Biological Diversity (CBD)

5.2.1 Background

The Convention on Biological Diversity is an ambitious project designed to make a stand against the wave of man-made damages on nature. It takes up a major world challenge by integrating the conservation of environment with economic development. There can’t be any "sustainable development" if the Earth’s renewable resources are consumed at such a fast rate that they can’t be reconstituted. The Convention makes an innovation by adopting an exhaustive approach to biological diversity in order to achieve this goal.

Whereas the present wave of extinction and destruction of ecosystems has become an irreversible environmental tragedy, man’s dependence on grown foods and other biological resources is a jeopardy to our own species. In the 1970s, biologists drew attention to this situation, only now are they beginning to be heard by decision-makers and the public at large.

The UNEP, after arranging different meetings for special Groups of experts on biodiversity, has facilitated the negotiations and adoption of the text of the Convention. The Conference of Parties (CoP) is the highest body of the Convention and has 172 current members.

5.2.2 Objectives

The Convention on Biological Diversity is one of the most important moves in the fields of international law, environment and development. Its has a triple goal:

Thus, the Convention bases itself on existing treaties to cover all ecosystems, species and, for the first time, genetic resources. It introduces a new approach based on the combination of the necessity to conserve with the will to develop. Because of this exhaustive approach, it offers a framework to strategies and national programmes and plans rather than detailed guidelines. At the same time, a new partnership between countries is encouraged, which is based on scientific and technological co-operation, on access to financial and genetic resources and on transfer of technologies, which are environmentally friendly. To reach this goal, the Convention has designed a financial system and a subsidiary body, which provides scientific, technical and technological advice, the SBSTTA.

5.3 International Undertaking on Plant Genetic Resources for Food and Agriculture (IU/PGRFA)

5.3.1 Background

The FAO Conference (Resolution 9/83) established the International Undertaking (IU) which is the first wide agreement on plant genetic resources, in November 1983. Even though it is not binding, no consensus was reached, for 8 member States had reservations. In time, and after a series of additional resolutions, the IU was more widely accepted. A hundred and eleven (111) States had adhered to the International Undertaking in June 1998.

The last fourteen (14) years, since the adoption of the IU, have been of great interest to and sensitisation on the issues of biological diversity. Progress in the field of biotechnology and developments on the issues of intellectual property rights have made urgent, though complex, the necessity to reach international agreements on the management of plant genetic resources. Moreover, in the wake of the Conference of the United Nations Organisation for Environment and Development (1992), the Commission admitted that the CBD could play an important role in the definition of the policies for plant genetic resources management and, therefore, consented to the revision of the IU with a view to harmonising it with the CDB. Since then, the CGRFA has held 5 extra-ordinary sessions and 7 ordinary sessions which enabled huge progress to be made. Now, negotiations can be carried out on the basis of consolidated texts.

5.3.2 Objectives

To see to it that plant genetic resources which have an economic and/or social interest, especially for food and agriculture, are prospected, collected, evaluated and made available to the breeders and researchers of the whole world for their work of plant improvement for the benefit of present and future generations. This Undertaking is based on the universally accepted principle under which plant genetic resources are considered as a common world heritage and should, therefore, be accessible without any restrictions. However, this notion of common world heritage, such as it is understood in the said Undertaking, is subordinated to the principle of sovereignty of States over their plant genetic resources in accordance with the UN charter and the principles of international law (Article 3 of the CBD) (Resolution 3/91 of the FAO).

5.3.3 Sensitive issues of the negotiations

The sensitive issues of these negotiations which are points of divergence between the Parties, namely developed and developing countries, are essentially about article 3 [scope of the IU/PGRFA], article 11 [Access to plant genetic resources], and article 12 [Farmers’ Rights].

Scope

For article 3, a consensus was reached at the 4th extra-ordinary session held in December 1997. At that session, it settled that the scope of the said International Undertaking will be "Plant Genetic Resources for Food and Agriculture".

Access to plant genetic resources

The divergent opinions on article 11 are very important and they are essentially related to two international obligations: the Convention on Biological Diversity (CBD) ratified by 112 States and the International Union for the Protection of Plant Varieties (UPOV) of which almost all the developed countries are members (37 member countries).

In its article 15.1, UPOV makes an exception to the Breeder’s right, namely access without restriction to new varieties for researches carried out for:

i) Non-commercial purposes;

ii) Experimentation;

iii) Variety creation purposes.

Clause (i) stipulates that the Breeder’s Right does not extend to work carried in private for non-commercial purposes. Small farmers growing food crops are the majority in the region. Therefore, they can use protected varieties in order to increase their production and improve food security. For clause (iii) the breeder, who now has a wider genetic base at his disposal with access to the varieties of the Union, should show more efficiency in the creation of new varieties. This efficiency is similar to the one expected by the Multilateral System of Access to and Exchange of Plant Genetic Resources, which the FAO member States wish to implement. The clause "farm seeds" leaves the States the freedom to determine, within the provisions of their legislation on seeds and without prejudice to the well-founded interests of the breeder, the amount of money given the breeder by the farmer in compensation for the royalties he hasn't received on the commercial or certified (recorded) seeds (15-2, UPOV).

The developing countries which hold a huge part of the world’s plant genetic resources (WWF, 1998) would like to ensure that access to resources is, in accordance with article 15.1 [Access to genetic resources] of the CBD, combined with an equitable and fair benefit sharing arising from the use of plant genetic resources with the countries of origin or diversification. The developing countries believe that the Convention must take precedence over any other convention dealing with genetic diversity, especially in the relation to the TRIPS agreement.

The concept of "fair and equitable benefit sharing" is understood in different ways by the Parties. Referring to Article 22.1 of the CBD [relations with other international conventions], the developed countries would like to keep their obligations in relation to other previous obligations (UPOV, TRIPS, WTO Agreements, etc.) in so far as the exercise of these rights or the fulfilment of these obligations do not run counter to the objectives of the Convention. This means access to plant genetic resources in accordance with the UPOV Convention such as presented above. This situation was the stumbling block to negotiations at the level of the contact group which had to deal with the issue of access and benefit sharing (FAO, 1998).

The position of the African region, supported by the Group of 77, is that the current negotiations related to the IU aim to reach a specific agreement based on the CBD for plant species. These negotiations aim to harmonise the IU with the CBD, which has been ratified by 172 States. As for this harmonisation, the African region thinks the following points to be essential elements of the CBD and should be the very heart of the revised Undertaking.

  1. Prior informed consent given by the country of origin must precede any access, article 15.5 [access to genetic resources] ;

  2. The transfer of the technology used on the acquired genetic material must be available in the countries of origin, articles 15.6, 15.7, 16.1 [access to and transfer of technology], 16.3, 18.2 [technical and scientific co-operation], 19.1 and 19.2 [management of biotechnology and benefit sharing];

  3. The information that the acquired material generates must be available in the countries of origin, article 15.6, 16.3, 17 [information exchange], 19.3, 19.4;

  4. Research on the acquired material must be carried out in the country of origin, unless it is impossible to do so, article 15.6;

  5. The financial benefits and others must be shared in an equitable and fair way between the beneficiaries of the genetic resources and the country of origin, article 15.7; and

  6. The developed countries must provide the developing ones with new additional financial resources for the conservation and sustainable use of biological resources, article 20.2 [financial resources].

Within the Convention, the sharing of benefits is based on bilateral arrangements. Whereas, within the IU, the States wish to implement a more efficient multilateral system of access and exchange. Therefore, the revision of the IU should focus on the adjustment of the bilateral system into a multilateral system.

With regard to the above point (1) of the African region, the developed countries think the formula of prior informed consent to be a heavy one and wish for minimum procedures before access. The United States of America goes further and wishes unlimited access, without restriction, for this system, which is in conformity with the original spirit of the said undertaking such as it is now done for the material of the gene banks of the Consultative Group for International Agricultural Research (CGIAR).

As for other points (2-6), the negotiations seem to be blocked in so far as the positions of G77, represented by the African region and those of the industrialised countries, both have good legal grounds and they are in accordance with the reference document, the CBD - this body having recognised UPOV.

Thus, the industrialised countries think that these points (2-6) are, in fact, part of the benefit sharing through the strengthening of the institutional capacity of the developing countries (training, setting up of facilities, diverse equipment, funding of collaborative projects, etc.). As for the genetic material that acquired genetic resources generate, they think that it can be put at everyone’s disposal, in conformity with the provisions of the 1991 UPOV Convention, paragraph 1 of article 15.

Progress can still be made. This will depend, to a large extent, on Parties, but mainly on the expertise with which the Commission will continue the supervision of the negotiations, which have been well carried out so far.

Farmers’ rights

Article 12 which deals with "Farmers' Rights", including local communities and communities of farmers, is also a point of divergence between the Parties. For the industrialised countries, the farmers' rights are but a concept that needs to be implemented through an appropriate national policy (i.e. a national concern), whereas for the developing countries, these rights remain a reality that the international community must legally recognise and implement through, inter alia, the setting up of an international fund which would constitute a reward for the farmers of the whole world, in particular, those of the countries of origin or diversification who, through their agricultural practices and ways of life, have improved and conserved genetic resources for generations. The region has already initiated the work of harmonising at regional level the legislation on access, benefit sharing and the communities’ rights (Gebre, 1998; OAU, 1998).

6. CONCLUSION

Sub-Saharan Africa has a variety of ecosystems (rainy tropical forests, savannahs, arid and semi-arid areas, mountainous forests, etc.), which give birth to abundant and diversified plant genetic resources. These resources which provide the greatest part of the food on the continent are, as in many other parts of the world, in danger of extinction due to climatic disorders or abusive exploitation by man.

It is in order to limit this erosion of genetic resources considered as a world heritage and to enable future generations to benefit from it for their food security and have a share of this wealth, within the context of globalisation, that UN agencies (UNEP, FAO, etc.) have initiated the current negotiations which aim to define the best means for the management, conservation and sustainable use of genetic diversity and fair and equitable sharing of benefits arising from the use of these resources.

The management of plant genetic resources has always been the concern of States since colonial days. With the help of colonial research agencies, they have been prospected, collected, evaluated, and conserved in gene banks, in the USA, Europe and the region.

The budget constraints of the national institutes for agricultural research and the lack of well-trained personnel have not allowed the renewal of facilities and conservation equipment. This has led to the loss of almost all the germplasm conserved in the region, in particular, the traditional wild cultivars and pose the problem of the perenniality of this mode of conservation ex situ whose sustainability is, inter alia, dependent on the financial possibilities of the States in the region.

Today, thanks to the current negotiations most of the States in the region have become more aware of this question and their national research institutes which now have better trained personnel try to safeguard the remainders of the endangered genetic resources. The retrieval of a number of local traditional cultivars has been made possible, by restitution from the countries of the North, but mainly by the survival in the region of traditional ways of life, practised by farmers and their communities and which are relevant for the conservation of plant genetic resources.

However persistent budget constraints in most of the States of the region, seriously impede the actions initiated by the breeders of the national services in order to preserve and expand plant genetic diversity. They must be supported in these activities by international research institutes, which are better equipped.

The implementation of the Global Plan of Action (FAO, 1996) should lead to a better conservation in/ex situ of plant genetic diversity and a sustainable use of this diversity by breeders through the application of integrated strategies of variety creation which combine short-term efficiency, i.e. direct exploitation of diversity for the creation of new varieties and long-term efficiency, i.e. the continuous improvement of the basic genetic material.

The current negotiations within the UN Organisation for Food and Agriculture (FAO) aim to harmonise the present International Undertaking on Plant Genetic Resources with the Convention on Biological Diversity, and are relevant for world food security, especially in developing countries. Therefore, the Governments of the region must initiate and implement relevant national policies and legislation which are harmonised at the regional level, and dealing with access to resources and benefit sharing, intellectual property rights and farmers' rights for better management, conservation and sustainable use of plant genetic resources.

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APPENDIX II

Figure 1: Integrated strategy of variety creation (according to Gallais, 1990): an arrow represents the passage from one structure to another one through the action of transformation operators (selection + reproduction); in dotted line, it represents a potential passage.

 

APPENDIX II

The Global Plan of Action (FAO, 1996) aims at:

On one hand,

On the other hand, through:

 

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