TITLE: Swiss-Costa Rican Bioprospection: NO Contract Between ETHZ and INBio until Norms of Access are concluded, and until a public debate is held among the social stakeholders, recommends the Red de Coordinación en Biodiversidad AUTHOR: Red de Coordinación en Biodiversidad DATE: 13 May 2003 URL: En español: http://www.biodiversidadla.org/article/articleview/2695/1/1 5/ Red de Coordinación en Biodiversidad (Coordinating Network on Biodiversity) San José / Costa Rica 22 May 2003 SWISS - COSTA RICAN BIOPROSPECTION: NO CONTRACT BETWEEN ETHZ AND INBIO UNTIL NORMS OF ACCESS ARE CONCLUDED, AND UNTIL A PUBLIC DEBATE IS HELD AMONG THE SOCIAL STAKEHOLDERS, RECOMMENDS THE RED DE COORDINACION EN BIODIVERSIDAD. Dear friends and colleagues, Attached is a document that emerged out of the debates in the Costa Rican "Red de Coordinación en Biodiversidad" (Coordinating Network on Biodiversity: network that consist of Mesa Nacional Indígena, Mesa Nacional Campesina, Federación Costarricense para la Conservación del Ambiente, COECOCeiba-AT and Coproalde), a body within the civil society that consists of socio-political organizations from the agricultural and environmental sector. After we learned about the projected biosprospection for drug development between the swiss Federal Institute of Technology (ETHZ) and the private Costa Rican organization National Institute on Biodiversity (INBio), we are very concerned about the natural resources of our country which are treated like a private property. In Costa Rica we have a framework law, the Biodversity Law, that contains the main norms of access to the genetic and biochemical resources which, according to it, are in the public domain. Likewise we count with general norms of access to these resources that were developed by the National Commisson for the Management of Biodiversity (CONAGEBIO). Here the Red de Coordinación en Biodversidad is represented by three members. These norms have already been approved by the national authorities, and shortly they will be enforced. The technical office of CONAGEBIO functions as the executive organ which, together with the commission, is in charge of the analysis of any application for access to the genetic and biochemical resources. Without the permit of the technical office of CONAGEBIO no bioprospection can be done in Costa Rica. What's at stake? During a workshop organized by ETHZ between 13 and 16 of May, 2003 in Switzerland with the presence of scientist and administrative authorities, as well as representatives of INBio the further conditions were to be debated to carry out the ex-situ bioprospection. An invitation was issued to one member of the Red de Coordinación en Biodiversidad to participate in this activity. However, after careful considerations of the programme and of the issue in general we decided not to participate in this activity, since within the final programme we did not have space to expose our critical position. Moreover, in our opinion it does not make much sense for the project to be rushed, until there is a public debate related to the norms of access to genetic an biochemical resources. Our demands and commitments: On the background of the above mentioned, the Red de Coordinación en Biodiversidad is asking ETHZ not to subscribe any research contract with INBio that implies the access to genetic and biochemical resources of Costa Rica until the rules to regulate access to them are concluded and until a discussion is held among the diverse non-governmental and social stakeholders. This discussion shall be public, transparent and of national reach, since it involves the use of goods that are in the public domain. In this sense, ETHZ has the possibility to facilitate all the information for the discussion and to participate in it so that not only the national rules are fulfilled with regards to access, but also to reach out towards a model that assures the non-private-appropriation of the resources which can make possible a fair and equitable distribution of the derived benefits. The Red de Coordinación en Biodiverdidad, given our commitment towards the defense of the biodiversity, would commit itself to participate together with the local communities and the indigenous peoples, as well as the Costa Rican and Swiss societies, in the most active and constructive way in this discussion. The statement attached is our position on the projected contract between ETHZ and INBio, and it was addressed to ETHZ and the participants of the workshop in Switzerland by email. We are kindly asking you to distribute and/or quote to whoever you think is appropriate. Isaac Rojas on behalf of Red de Coordinación en Biodiversidad, Costa Rica _ STATEMENT OF THE RED DE COORDINACIÓN EN BIODIVERSIDAD (COORDINATING NETWORK ON BIODIVERSITY, COSTA RICA) IN FACE OF A POSSIBLE CONTRACT BETWEEN ETHZ (ZURICH) AND INBIO Within the Red de Coordinación en Biodiversidad (Coordinating Network on Biodiversity) we learned about the possible contract between the Swiss Federal Institute of Technology (ETHZ) and the private Costa Rican organization National Institute on Biodiversity (INBio) to carry out research that implies the access to the genetic and biochemical resources, or bioprospection, in ex-situ collections that gather samples of the biodiversity of Costa Rica. According with the representative of ETHZ such contract shall be done with a new focus on technology transfer. Although we were aware of the "Bioprospecting and profiling planning" workshop that was to take place in Switzerland between the 13th and 16th of May, 2003, with the presence of scientist and administrative authorities, as well as others, we did not have an open space to expose our position within the final programme of the activity. The undersigned organizations, members of the Red de Coordinación en Biodversidad of Costa Rica, express the following: * We form a Network that has actively worked since 1998 promoting the coordination between social organizations in the area of biodiversity. Our agenda contemplates, among other subjects, the implementation and defense of the rights of local communities, the social and environmental impact of genetically modified organisms, the conservation in situ and ex situ, agroecology, access to the genetic and biochemical resources and the influence on public policies. * The Red de Coordinación en Biodiverdidad includes the Mesa Nacional Indígena (National Indigenous Board) - national organization that groups together an important part of the non-governamental indigenous organizations -, Mesa Nacional Campesina (National Peasant Farmers Board) -gathers 35 campesino organizations throughout the whole country-, Federación Costarricense para la Conservación del Ambiente (Costa Rican Federation for the Conservation of the Environment) -which groups together 30 environmental organizations in the entire country-, COPROALDE -network of organizations involved in organic agriculture, training and agrobiodiversity-, COECOCeiba -environmental organization part of Friends of the Earth International -. * Three members of the Red de Coordinación en Biodiverdidad -Mesa Nacional Indígena, Mesa Nacional Campesina and Federación Costarricense para la Conservación del Ambiente- are part of the National Commission for the Management of Biodiversity (CONAGEBIO, the acronym in spanish); which is a governmental office created by the Law on Biodiversity, and which is in charge of enacting the national policies on biodiversity, elaborating the norms of access to genetic and biochemical resources, and among other duties advise a number of public institutions on biodiversity issues. This Commission relates also to the participation of the private sector and other public institutions such as the Ministry of the Environment and External Trade, among others. * Several members of the Network have participated in different international events where we have shared our vision, and created alliances with similar organizations around the world. * Our approach to biodiversity is not technical. We are coming from an integral view where the local communities and the indigenous peoples play a fundamental part in the conservation, management and sustainable use of the biodiversity. We analyze the social, cultural, economical, judicial and political implications of this matter, therefore we do not believe that biodiversity as a whole can be limited to a technical approach; * The Red de Coordinación en Biodiverdidad has elaborated a position taken from the experience of Costa Rica, with respect to bioprospection; * In the same way, we have elaborated several papers and studies with respect to other subjects related to biodiversity, such as intellectual property, access to genetic and biochemical resources, and the fair and equitable sharing of derived benefits; * As the Red de Coordinación en Biodiverdidad and in our position as members of CONAGEBIO, we have actively participated in the writing of the Norms of Access to Genetic and Biochemical Resources, where the requirements and procedures to realize this activity are contemplated; In view of a possible bilateral contract of investigation between the Swiss Federal Institute of Technology (ETHZ), Department of Applied BioSciences, Institute of Pharmaceutical Sciences and INBio (Costa Rica) that implies access of genetic and biochemical resources, we declare our concerns: * It is not convenient for the Red de Coordinación en Biodiverdidad to participate in an activity such as the one organized by ETHZ, since we will not have a formal space in the programme to expose our position and our major concerns regarding bioprospection or biopiracy; * Although it has been stated to us that the contract with INBio is not yet defined, the agenda of the meeting does not allow major questioning about it and gives us the impression that the bioprospection is already a matter of fact, leaving only minor details to be agreed on with INBio; * INBio has already been chosen as part of the contract to be signed, as it was mentioned by the representative of ETH Zurich, Institute of Pharmaceutical Sciences by electronic communication on Tuesday the 29th of April, 2003 which literally says: "We have thought about a cooperation with INBio because we believe that INBio has not only a lot of experience but that their philosophy complements our university's interests (say, a more holistic approach to nature and its exploitation). (...) ETH has not taken any decisions yet, but with regard to the choice of your partner institution INBio we are very clear." * In spite of our interest in the subject, neither the Red de Coordinación en Biodiverdidad nor the civil society have had access to information on the tasks nor on results of INBio on bioprospection. Given these facts we have rather important questions related to the fair and equitable distribution of the benefits and to the impact on improving the quality of life * INBio, since its first contract with Merck, has facilitated the privatization of the Costa Rican biodiversity through diverse contracts with transnational corporations, becoming a worldwide model in the private appropriation of public resources. * The Red de Coordinación en Biodiverdidad has two major concerns regarding this case in particular: 1. Does ETH know that the permits for access which are about to be approved, are given solely by the Technical Office of CONAGEBIO? And that those involved in accessing have to comply with the guidelines, including the fair and equitable distribution of the derived benefits of the use of biodiversity? What is the position of ETH about the fair and equitable distribution of the derived benefits? 2. The second major preoccupation is related with intellectual property. Regarding our concerns about patents and other forms of intellectual property on life forms, we would expect a written declaration from ETH and INBio expressing that, given the case CONAGEBIO issues the permits for access once they are applied for, none of the parties will request patents or any other type of monopolist right over the resources object of access, neither in its original form nor in any other form; * Costa Rica has a framework Law on Biodiversity that contains the main norms of access to the genetic and biochemical resources. Subsequently CONAGEBIO elaborated the general norms of access to the genetic and biochemical resources that considers the requirements and procedures to carry out this activity since in Costa Rica the genetic and biochemical elements are of in the public domain. * Even though CONAGEBIO exists, there is still very little public discussion about this matter: several organizations and people in general are only beginning to learn about the problematic, and are starting to express their opinions about it. Such is the case of some labor unions and civil society organizations that coincide with our opinions; By the latter declared, as the Red de Coordinación en Biodiverdidad, we recommend not to subscribe any research contract between ETHZ and INBio that implies the access to genetic and biochemical resources of Costa Rica until the rules to regulate access to them are concluded and until a discussion is held among the diverse non-governmental and social stakeholders. This discussion shall be public, transparent and of national reach, since it involves the use of goods that are in the public domain. In this sense, ETHZ has the possibility to facilitate all the information for the discussion and to participate in it so that not only the national rules are fulfilled with regards to access, but also to reach out towards a model that assures the non-private-appropriation of the resources which can make possible a fair and equitable distribution of the derived benefits. The Red de Coordinación en Biodiverdidad, given our commitment towards the defense of the biodiversity, would commit itself to participate together with the local communities and the indigenous peoples, as well as the Costa Rican and Swiss societies, in the most active and constructive way in this discussion. San José, Costa Rica May 13th, 2003 Red de Coordinación en Biodiversidad: MESA NACIONAL INDíGENA MESA NACIONAL CAMPESINA FEDERACIÓN COSTARRICENSE PARA LA CONSERVACIÓN DEL AMBIENTE COECOCeiba-Amigos de la Tierra Costa Rica COPROALDE Red de Coordinación en Biodiversidad c/o FECON Apartado Postal 1948-1002 Paseo de los Estudiantes San José / Costa Rica Tel: +506 283 61 28 / 283 60 46 Fax: +506 225 7606 E-mail: redbiodiversidad(at)feconcr.org _ GOING FURTHER (compiled by GRAIN) Scott Capper, "Swiss scientists to unlock Costa Rica's potential", Swissinfo, 17 May 2003. http://www.swissinfo.org/sen/Swissinfo.html?siteSect=511&si d=1860729 ETH Zurich: http://www.ethz.ch INBio: http://www.inbio.ac.cr