The interactions between right to food and right to science: the public good approach

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A PUBLIC GOOD APPROACH TO FOOD Exploring synergies between right to food & right to science 1 JOSE LUIS VIVERO POL PhD Research Fellow in Food Governance Ursus Wehrli. The art of clean up. Foto by Siusson in Flickr

description

In this presentation, I explore the interactions between the right to food, the right to enjoy the scientific progress and the right to cultural manifestations, with concrete examples such as the agro-biodiversity, plant genetic resources, traditional knowledge, public funded research knowledge, cuisine recipes and food safety considerations. Whose science for what farmers? Who owns agricultural and nutritional innovations? do patents prevent or deter innovation for humankind? What does it mean the public approach to food?

Transcript of The interactions between right to food and right to science: the public good approach

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A PUBLIC GOOD APPROACH TO FOOD Exploring synergies between right to food & right to science

JOSE LUIS VIVERO POL PhD Research Fellow

in Food Governance

Ursus Wehrli. The art of clean up. Foto by Siusson in Flickr

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Recent example on interactions

between the right to food & the right

to benefit from scientific

progress.

Justice Elena Kagan:“…that would result in less incentive for innovation”

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Primary role of scientific research is

enhancement of humankind

GLOBAL PUBLIC GOOD

Science/Knowledge is neither rival nor excludable

SCIENCE: What for?

1. Profit ?2. Soft Power/Dominance ?3. Public Interest/Welfare ?4. To simply know ?

Science to address common needs

Foto Jimmy Smith. Flickr Creative Commons

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WHAT IS THE RIGHT TO FOOD?It is the right to have regular, permanent and unrestricted access, either directly or by means of financial purchases, to quantitatively and qualitatively adequate and sufficient food corresponding to the cultural traditions of the people to which the consumer belongs, and which ensures a physical and mental, individual and collective, fulfilling and dignified life free of fear.”

Jean Ziegler, A/HRC/7/5, para 17.

ICESCR Is a

binding treaty for

the member states

Foto: Jorge Salamanca

ICESCR (1976) OG 12 (1999) Voluntary Guidelines (2005) Optional Protocol (2009)

Growing FNS Laws, Constitutions &

jurisprudence

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• Pasamos de la “Seguridad Alimentaria existe cuando…” a “la realización de un derecho…”,

Leyes de SAN de Guatemala y Brasil (2005 y 2006)

• De “situación” a “derecho”, que se ha de garantizar (por el Estado) y se puede exigir (por los ciudadanos)

• El DA está desarrollándose desde hace 20 años (PIDESC), luego su reconocimiento en los países y ahora con la justiciabilidad.

The Right to Food has the same category, protection & demandability than the right not

to be tortured and the right to freedom of speechF

oto

: S

an

deep

Th

ukal

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WHO OWNS AGRICULTURAL

RESEARCH?

CGIAR vs. AGRI-BUSINESS

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2012: $900 M CGIAR (research)– $500 M FAO and… $1.5 Billion Monsanto (Research)

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WHO OWNS NUTRITIONAL RESEARCH?

Plumpy NutFrancia

Vitacereal (GUA): INCAP (public)

Alimentos de Guatemala SA (Private)

Nutriset holds US patent 6346284 (2002)

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Knowledge-based Food Elements:

most are commons but patented seeds

Foto: Finabocci Blue Flickr Creative Commons

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1. Science-based agricultural

knowledge by national institutions

Public copyrights by Universities

National Research

Institutions

Foto: Argonne National Laboratory

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2. Traditional agricultural knowledge

Foto

s: Jo

se L

uis

V

ivero

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3. Cuisine, recipes & national

gastronomy

Foto

: Carla

B

qn

eko

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4. Food safety considerations (Codex

Alimentarius)

Foto

: Lia

nn

e

Mil

ton

Foto

: Maria

no

Bon

ora

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5. Genetic Resources for

Food and Agriculture

WTO TRIPS

Patents prevent

innovation (Benkler, 2006)

Fashion world, top cuisine & software

are rather innovative without patenting systems

(Raustiala & Sprigman 2012)

ITPGRFA made seeds a global common good

Fo

to: E

dd

.ie

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Right to Food

Right to Science Right to

Culture

Cuisine recipes

Traditional Agricultural Knowledge (techniques+ tools)

Agro-biodiversity (seeds & breeds)

FOOD COMMONS (non-patented): knowledge + physical assets

(seeds + dishes + cooking/cropping tools)

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Science for the Right to Food

a. Open agricultural innovations

b. Public Agricultural Research

c. Nutritional information on Junk Food

d. Open acces to scientific research AGORA-OARE

e. Distributing science: Extension Services

Fo

to: B

ioverity

Intern

ation

al

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But what about patents? They reflect the ancient tension

between knowledge enclosure and open-access knowledge

The Right to Science & Culture are the rights to

benefit from human knowledge

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Who has more capacity to innovate: thousands of

researcher or hundreds of millions of farmers?

IITA Creative Commons in Flickr

A patent system PROMOTES or

DETERS human creativity and innovation for the

common good?

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I am eager to exchange on hunger eradication & the

right to food and I welcome any comment to this

presentation.

@joselviveropol

joseluisviveropol

http://hambreyderechoshumanos.blogspot.com

http://hungerpolitics.wordpress.com

Jose Luis Vivero Pol

[email protected]

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REFERENCESDe Schutter (2011). Human Rights Quarterly 33Vivero (2013). SSRN RepositoryHelfer (2004). Neth Q. Hum. Rights. 167Benkler (2006). The wealth of networks.Raustiala & Sprigman (2012). The knock off economy