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Analysis Of Plant Varieties Genetic Resources In Afghanistan

The study explains in particular the different forms of legal protection required by international IPR agreements, including the system of plant breeders' rights in the 1978 and 1991 UPOV Acts, the choice between patent and sui generis protection created by article 27.3(b) of the TRIPs Agreement and the impact of so-called "TRIPs plus" bilateral and regional treaties.

It analyses the alternatives available to a state depending upon the different IPR treaties it has ratified. Each of these treaties grants national governments a different level of discretion to choose how to protect plant varieties as a form of intellectual property. Once a government has consulted this study to determine the degree of discretion it enjoys as a result of its treaty ratifications.

It can then review those portions of the study that identify the mechanisms that it may adopt, consistent with its international obligations, to balance the protection of IPRs against other societal objectives. Governments interested in retaining discretion would be advised to monitor and participate in these negotiations, with a view to harmonizing their international obligations, thereby avoiding the necessity of turning to international tribunals to settle their disputes.

Introduction
According to FAO survey of the Horticulture sector the total orchards /vineyards areas by years 1996 and 2003 are shown around 109 900 and 79 800 hectare respectively. In the 1970s dried fruit, raisins and nut contributed more than 40 percent of the country's foreign exchange earnings, but recently because of prolonged war and conflict, the country has lost some of its former market niches.[1]

A wide variety of vegetables including potatoes and onions are cultivated throughout the country. The different varieties of melons are also famous. Over 80 percent of the population is dependent on the agricultural and livestock management sector Agricultural land is estimated to be 7.8 million hectare (12 percent of the total land area) of which 3.3 million ha is irrigated and 4.5 million ha is rain fed cropping.[2]

There is two farming systems exist:

  • A mixed crop and livestock
  • Migratory pastoral system
Wheat is the main staple food crop in Afghanistan cultivated by almost all farmers using both irrigated and rain fed land. All farming activities (farming areas and yields) are susceptible to seasonal conditions (availability of rainfall and irrigation water) shows the difference of wheat yields and areas between the years 2002 (drought year) and 2003 (year of sufficient precipitation).[3]

On average, per capita consumption of wheat is 152 kg per year.[4] It is estimated to be among the highest in the world. Rice, Maize and Barley as the main cereal grains and some other high - value crops such as cumin, sesame, linseed, sugar cane, cotton and sugar beet are cultivated where appropriate.[5]

It is to be noted that wheat, cereals and high - value crop production is largely focused on home and somewhat local markets consumption rather than export. Afghanistan's economy is largely supported by sales of quality fresh and dry fruits. The main fruits and nuts such as grapes, mulberry, pomegranates, apples, apricots, cherry, almonds, walnuts and wild pistachio are found in Afghanistan.[6]

Land Cover and Biodiversity

The plant cover of Afghanistan has been influenced highly by diverse ecological conditions, ranging from barren deserts (sand dune areas),[7] to sub-tropical regions to steppes (the most important grazing areas), to the river valleys (areas of tugai vegetation and cultivated fruit orchards), to the higher mountains including areas of semi desert.[8]

Thus, the precipitation and altitude are the main factors resulting in the diversity of the country's flora. A limited part in the south east which belong to the sub- tropical zone, receive the impact of the Indian monsoons. The divers ecological conditions in Afghanistan have favored the establishment of a complex and varied floral compositions. Groombridge (1992) give an estimate of 3500 species of vascular plants and 30-35% of endemic. Some other estimation shows the number of plant species to be about 5000.[9]

In Situ Conservation of Plant Genetic Resources

Due to the last three decades of war condition coupled with a six year long drought the agriculture sector in Afghanistan has been greatly damaged and that way its products have decreased by 50 percent (US Bereau of the Census, 1998).[10] To compensate for this loss, rural people have started to utilize the free natural resources.

Smuggling of timber deliberate burning of forests, overgrazing, cutting of woodland, uprooting of medicinal plants and conversion of rangeland to rainfed cropping became the daily business of the people. This is an excessive removal or extermination of some species indigenous or endemic to Afghanistan.[11]

The coniferous and Oak forest in the south east, and pistachio forests in the north which covered 1.3 million (FGP1971) and 450 000 ha of land (UNCCD Report, 2006) decreased by 50%) and 50-70 percent respectively (UNeP2002). Vegetation of deserts, steppes and mountainous areas,[12] covering 70 percent of the total land area, because of extraordinarily strong exploitation decreased by 45 percent (UNCCD 2006). If the situation continues in the same way, Afghanistan will lose some of its valuable wild plant genetic resources in the near future.8

In their natural habitat even now the following plant species are endangered:
  • Cedrus Deodara
  • Taxus Baccata,
  • Pistcia Vera
  • Pinus Gerardiana,
  • Glycyrrhiza Globra,
  • Ferula Asafetida,
  • Carum Carviet.
Prior to the war some of these wild tree species such as pistacia vera and Pinus gerardiana stands were consciously protected because their seeds were used by the local people but even exported in remarkable quantities. In the late 1970s, due to the food requirements, Afghanistan was almost self-sufficient.[13]

This country has imported only 2500 tons of improved seeds for research purposes.[14] There were several agricultural research stations in the different agro-ecological zones, which provided farmers with high-yielding and disease-resistant varieties of seeds and saplings. During the civil war, there already existed eleven research stations and gene banks, where about 1770 samples were stored and these have been completely looted.[15]

Nothing of the farmer research programs remained. In addition; in that time there has been a greater interest to protect forests, wetlands and habitat rich in biodiversity. Some habitat of particular importance has been selected and proposed as protected areas of nature reserves. [16]Some steps forward have been taken to be officially recognized, but because of political instability and social disorders through those years, this work could not be completed.[17]

Recently once again some sites were designated as national parks/ protected areas, aiming at conservation biology (in situ conservation of plant genetic resources). The ecological characteristic of these sites are summarized as follows: [18]

Big Pamir:
Gazette as protected area/ nature reserve. This is a mountainous area with many glaciers and lakes, covering an area of 67 938 ha. It supports alpine vegetation such as different species of the family of Ericaceae, many types of grass and outstanding vegetation of Primula macrophyte.[19]

Ab-i- Estada:
A large lake of 27 000 ha. It is surrounded by arid highland steppes, which are dominated by the vegetation of Amygdalus spp, Cousinia spp, Tamarix spp and Artemisia spp.[20]

Ajar Valley
Proposed as National Park/Nature reserve, covering an area of 40 000 ha. This valley supports different vegetation of Salix spp, Tamarix spp, Herbaceous plants, Ephedra spp, Zygophyllum, Acantholimon steppe, and Carex stenophylla meadows communities. This is an important grazing area for ibex and urial.[21]

Bande Amir
Designated as National Park. A chine of 6 lakes, interconnected by calcium carbonate dams, occupies an area of 41 000 ha. Its surrounding area has the vegetation of Salix spp, Mentha longifolia, Acantholimon community, Tulipa spp, Alliums pp, Gagea spp, and Ranunculus sp.

Hamun-i- Puzak
Designated as Nature Reserve, large permanent lake, in the flat Seistan basin, covering an area of 35 000ha. The lake is covered with reed beds ( Phragmites australis) and algae, which is used by a large number of migratory waterfowl. In its surrounding areas, different vegetation of Artemisia and Tamarix occur.[22]

Nurestan
Designated as National Park/Nature Reserve. This is a mountainous area with an elevation of up to 6 300 m, supporting various plant species of Juglans, Betula, Quercus, Cedrus, Pinus, Juniperus and Alpine shrubland.[23]

Dashte Nawar
Designated as Flamingo and waterfowl sanctuary/Nature Reserve. It covers an area of 7 500 ha. The plain is covered with a highland steppe, rich in grasses such as Bromus, Puccinellia, Aeluropus, Herbaceous plant and Acanthelimon community (Glaux maritima, Crypsis aculeate, Polygonum sibericum). The lake itself has a dense cover of algae.[24]

The selection of these areas was based on uniqueness, richness in species and type of ecosystems etc. [25]the environment law support the establishment of protected areas for conservation of genetic resources. It should be noted that several crops used in Afghanistan include a range of primitive varieties, which yield less but are adaptable to the harsh ecological condition of the country.[26]

In situ conservation (National parks) means that they may provide valuable material for the genetic improvement of their subsequent generation.[27] Some plant species whose wild ancestors are found in Afghanistan are pistacia spp, Pyrus spp, Malus spp, Prunus spp, Amygdalus spp and cereals- Triticum, Oryza etc.[28]

These species grow in different places and are in a state of extinction. It is foreseen that the National Parks and Reserves will save all varieties (fruits, nuts, cereals and important genotypes of wild plants species),[29] which have medicinal, nutritious and economical worth. Furthermore in the rural areas many of these wild plant species are cooked and used for eating.

Finally, The former Ministry of Agriculture, Irrigation and Livestock (MAIL) the present regime still has dilemma[30] with international organisation to manage the above mentioned national parks and natural reserves.[31] It is foreseen that the management of some national parks and nature reserves such as Big Pamir, Dara -e- Ajar, Band-e- Amir and Norestan will be assisted by an International Agency called Wild Life Conservation Society (WCS).[32]

The Perennial Horticulture Development Project (PHDP) which is funded by the European Union began the germ plasm collection programmed in July 2006,[33] with a review of location of germ plasm resources.[34] The objectives of the programme are collection of varieties of fruits and nuts that are produced by commercial nurseries in the country.

The objective of the program is: The preservation, promotion and the use of the most relevant local genotypes Reducing the risk of erosion by establishing in situ collection (original sites of the plant) and ex situ collection or field gene bank.[35]

Conclusion
The genetic diversity inherent in living systems makes patent claims difficult to defend. The development of genetically uniform organisms would make it easier for corporations to maintain their patent claims. Biotech companies holding broad spectrum patents on food crops will lure farmers to grow modified varieties with promises of greater yields and disease resistance.

However, numerous examples worldwide show the improved crops have failed to hold up to corporate promises, and led to the loss of the rich diversity of traditional crop varieties. First World patenting of Third World genetic resources represents theft of community resources.

Patents held by the industrialized world on resources from the developing world will serve as a tool for the North to accumulate more wealth from the already economically impoverished South. Microorganisms, plants, animals and even the genes of indigenous people have been patented for the production of pharmaceuticals and other products.

References:
  1. Afghan Arabi Sheep - Oklahoma State University, (2021), https://breeds.okstate.edu/sheep/afghan-arabi-sheep.html (last visited Dec 182022).
  2. Afghan Hound - Dog Breed Information - American Kennel Club, https://www.akc.org/dog-breeds/afghan-hound/ (last visited Dec 18, 2022).
  3. Afghanistan Horses; live, pure-bred breeding animals imports by country | 2018 | Data, https://wits.worldbank.org/trade/comtrade/en/country/AFG/year/2018/tradeflow/Imports/partner/ALL/product/010111 (last visited Dec 182022).
  4. Matiullah Akbari et al., Apple Cultivation and Breeding in Afghanistan: S-RNase Genotypes and Search System for Suitable Cultivar Combination, International Journal of Agronomy (2016), https://doi.org/10.1155/2016/3101864 (last visited Dec 182022).
  5. Deepak Tripathi, Breeding Ground: Afghanistan and the Origins of Islamist Terrorism, Illustrated edition ed. 2011
  6. Carol Kerven, Bruce McGregor & Sabyr Toigonbaev, Cashmere-producing goats in Central Asia and Afghanistan, 45 Animal Genetic Resources/Resources génétiques animales/Recursos genéticos animales 15 (2009).
  7. Cashmere-producing goats in Central Asia and Afghanistan | Animal Genetic Resources/Resources génétiques animales/Recursos genéticos animales | Cambridge Core, https://www.cambridge.org/core/journals/animal-genetic-resources-resources-genetiques-animales-recursos-geneticos-animales/article/abs/cashmereproducing-goats-in-central-asia-and-afghanistan/90D6B9AD85FBD787BCC8291D71D6628F (last visited Dec 182022).
  8. Sayed Qudrat Hashimy, China's Belt-Road Initiative and Investment Strategies: A Two Pillar Approach to Afghanistan, 12 International Journal of Science and Research (IJSR) 449 (2022).
  9. Sayed Qudrat Hashimy, China's Belt-Road Initiative and Investment Strategies: A Two Pillar Approach to Afghanistan, 12 International Journal of Science and Research (IJSR) 449 (2022).
  10. Sayed Qudrat Hashimy, China's Belt-Road Initiative and Investment Strategies: A Two Pillar Approach to Afghanistan, (2022), https://papers.ssrn.com/abstract=4334278 (last visited Dec 182022).
  11. Sayed Qudrat Hashimy, China's Belt-Road Initiative and Investment Strategies: A Two Pillar Approach to Afghanistan, (2022), https://papers.ssrn.com/abstract=4334278 (last visited Dec 182022).
  12. FAO Dairy Project Succeeds in Afghanistan | The Cattle Site, https://www.thecattlesite.com/news/27032/fao-dairy-project-succeeds-in-afghanistan (last visited Dec 182022).
  13. Global Times, Horse breeding, a culture in northern Afghanistan associated with traditional game Buzkashi - Global Times, https://www.globaltimes.cn/page/202102/1216019.shtml (last visited Dec 182022).
  14. Horse breeding, a culture in northern Afghanistan associated with traditional game Buzkashi - Global Times, https://www.globaltimes.cn/page/202102/1216019.shtml (last visited Dec 182022).
  15. Horse breeding, a culture in northern Afghanistan associated with traditional game Buzkashi - Global Times, https://www.globaltimes.cn/page/202102/1216019.shtml (last visited Dec 182022).
  16. Horse breeding, a culture in northern Afghanistan associated with traditional game Buzkashi - Global Times, https://www.globaltimes.cn/page/202102/1216019.shtml (last visited Dec 182022).
  17. Horse breeding, a culture in northern Afghanistan associated with traditional game Buzkashi - Global Times, https://www.globaltimes.cn/page/202102/1216019.shtml
  18. Sayed Qudrat Hashimy, Impact of COVID-19 on the Trade in Afghanistan, (2021), https://papers.ssrn.com/abstract=4169486 (last visited Dec 182022).
  19. Sayed Qudrat Hashimy, Impact of WTO Agreement Accession on Trade and a Few Intellectual Property Rights in Afghanistan, (2021), https://papers.ssrn.com/abstract=4291992 (last visited Dec 182022).
  20. Sayed Qudrat Hashimy, Impact of WTO Agreement Accession on Trade and a Few Intellectual Property Rights in Afghanistan, (2021), https://papers.ssrn.com/abstract=4291992 (last visited Dec 182022).
  21. Abdoul Niane et al., National catalogue of wheat varieties in Afghanistan, (2020).
  22. (PDF) Apple Cultivation and Breeding in Afghanistan: S - RNase Genotypes and Search System for Suitable Cultivar Combination, https://www.researchgate.net/publication/291390982_Apple_Cultivation_and_Breeding_in_Afghanistan_S_-_RNase_Genotypes_and_Search_System_for_Suitable_Cultivar_Combination (last visited Dec 182022).
  23. Plants of Afghanistan 1: Centre of Global Biodiversity - Afghanistan Analysts Network - English, https://www.afghanistan-analysts.org/en/reports/context-culture/plants-of-afghanistan-1-centre-of-global-biodiversity/ (last visited Dec 182022).
  24. Sayed Qudrat Hashimy, Protecting Geographical Indications in Afghanistan, (2022), https://papers.ssrn.com/abstract=4324242 (last visited Dec 182022).
  25. Sayed Qudrat Hashimy, Protecting Geographical Indications in Afghanistan, (2022), https://papers.ssrn.com/abstract=4324242 (last visited Dec 182022).
  26. Protecting Geographical Indications in Afghanistan, https://www.elivapress.com/pl/book/book-5681151614/ (last visited Dec 182022).
  27. Sayed Qudrat Hashimy, Recognition and Legitimacy of the Taliban Government: A Conundrum in International Law, 26 Journal of International Issues 1, 2022
  28. Sayed Qudrat Hashimy, Recognition And Legitimacy of the Taliban Government: A Conundrum in International Law, (2022), https://papers.ssrn.com/abstract=4150964 (last visited Dec 182022).
  29. Sayed Qudrat Hashimy & Jackson Simango Magoge, Role of WTO in the Promotion of Trade and IPR in Afghanistan, (2021), https://papers.ssrn.com/abstract=4043959 (last visited Dec 182022).
  30. Www Org/Jef, Sayed Qudrat Hashimy & Jackson Magoge, Role of WTO in the Promotion of Trade and IPR in Afghanistan, Volume 7 1 (2022).
  31. Sowing the wheat seeds of Afghanistan's future - Poole - 2022 - PLANTS, PEOPLE, PLANET - Wiley Online Library, https://nph.onlinelibrary.wiley.com/doi/10.1002/ppp3.10277 (last visited Dec 182022).
  32. Study of Genetic Diversity of Sheep Breeds in Afghanistan – Biosciences Biotechnology Research Asia, https://www.biotech-asia.org/vol13no1/study-of-genetic-diversity-of-sheep-breeds-in-afghanistan/ (last visited Dec 182022).
  33. The History of Wheat Breeding in Afghanistan, World Agroforestry | Transforming Lives and Landscapes with Trees, https://www.worldagroforestry.org/publication/history-wheat-breeding-afghanistan (last visited Dec 182022).
  34. The WTO Transit Regime for Landlocked Countries and its Impacts on Members' Regional Transit Agreements: The Case of Afghanistan's Transit Trade with Pakistan | SpringerLink, https://link.springer.com/book/10.1007/978-3-030-73464-0 (last visited Dec 182022).
  35. Tracking the adoption of bread wheat varieties in Afghanistan using DNA fingerprinting | BMC Genomics | Full Text, https://bmcgenomics.biomedcentral.com/articles/10.1186/s12864-019-6015-4 (last visited Dec 182022).
  36. Trained to Adapt: Researchers from Pakistan, Mauritius and Afghanistan Breed Mutant Plants to Take on a Changing Climate | IAEA, https://www.iaea.org/newscenter/news/trained-to-adapt-researchers-from-pakistan-mauritius-and-afghanistan-breed-mutant-plants-to-take-on-a-changing-climate (last visited Dec 182022).
  37. Sayed Qudrat Hashimy, War Crimes in Afghanistan, (2022), https://papers.ssrn.com/abstract=4344441 (last visited Dec 182022).
  38. World's least known bird found breeding in Afghanistan, Reuters, Jan. 18, 2010, https://www.reuters.com/article/us-bird-afghanistan-idUSTRE60H06B20100118 (last visited Dec 182022).
End-Notes:
  1. www Org/Jef, Sayed Qudrat Hashimy & Jackson Magoge, Role of WTO in the Promotion of Trade and IPR in Afghanistan, Volume 7 1 (2022).
  2. Afghan Arabi Sheep - Oklahoma State University, (2021), https://breeds.okstate.edu/sheep/afghan-arabi-sheep.html (last visited Feb 8, 2023).
  3. Afghan Hound - Dog Breed Information - American Kennel Club, https://www.akc.org/dog-breeds/afghan-hound/ (last visited Feb 8, 2023).
  4. Sayed Qudrat Hashimy, Impact of WTO Agreement Accession on Trade and a Few Intellectual Property Rights in Afghanistan, 94 (2021), https://papers.ssrn.com/abstract=4291992 (last visited Feb 8, 2023).
  5. Protecting Geographical Indications in Afghanistan, https://www.elivapress.com/pl/book/book-5681151614/ (last visited Feb 8, 2023).
  6. Sayed Qudrat Hashimy, Protecting Geographical Indications in Afghanistan, (2022), https://papers.ssrn.com/abstract=4324242 (last visited Feb 8, 2023).
  7. Org/Jef, Hashimy, and Magoge, supra note 1 at 23.
  8. Hashimy, supra note 4.
  9. Id.
  10. Sayed Qudrat Hashimy, War Crimes in Afghanistan, (2022), https://papers.ssrn.com/abstract=4344441 (last visited Feb 8, 2023).
  11. Sayed Qudrat Hashimy, Protecting Geographical Indications in Afghanistan, (2022), https://papers.ssrn.com/abstract=4324242 (last visited Feb 8, 2023).
  12. Abdoul Niane et al., National catalogue of wheat varieties in Afghanistan, (2020).
  13. Hashimy, supra note 6.
  14. Org/Jef, Hashimy, and Magoge, supra note 1.
  15. The WTO Transit Regime for Landlocked Countries and its Impacts on Members' Regional Transit Agreements: The Case of Afghanistan's Transit Trade with Pakistan | SpringerLink, https://link.springer.com/book/10.1007/978-3-030-73464-0 (last visited Feb 8, 2023).
  16. Sayed Qudrat Hashimy, Recognition and Legitimacy of the Taliban Government: A Conundrum in International Law, 26 Journal of International Issues 1 (2022).
  17. Hashimy, supra note 10
  18. Study of Genetic Diversity of Sheep Breeds in Afghanistan – Biosciences Biotechnology Research Asia, https://www.biotech-asia.org/vol13no1/study-of-genetic-diversity-of-sheep-breeds-in-afghanistan/ (last visited Feb 8, 2023).
  19. Sowing the wheat seeds of Afghanistan's future - Poole - 2022 - PLANTS, PEOPLE, PLANET - Wiley Online Library, https://nph.onlinelibrary.wiley.com/doi/10.1002/ppp3.10277 (last visited Feb 8, 2023).
  20. Org/Jef, Hashimy, and Magoge, supra note 1.
  21. "World's least known bird" found breeding in Afghanistan, Reuters, Jan. 18, 2010, https://www.reuters.com/article/us-bird-afghanistan-idUSTRE60H06B20100118 (last visited Feb 8, 2023).
  22. Sayed Qudrat Hashimy, China's Belt-Road Initiative and Investment Strategies: A Two Pillar Approach to Afghanistan, 445 (2023), https://papers.ssrn.com/abstract=4334278 (last visited Feb 8, 2023).
  23. Hashimy, supra note 4 at 15.
  24. Id. at 56.
  25. Sayed Qudrat Hashimy, China's Belt-Road Initiative and Investment Strategies: A Two Pillar Approach to Afghanistan, 12 International Journal of Science and Research (IJSR) 449, 444 (2023).
  26. Org/Jef, Hashimy, and Magoge, supra note 1 at 9.
  27. Niane et al., supra note 12.
  28. Hashimy, supra note 4 at 15.
  29. Hashimy, supra note 11 at 34.
  30. Sayed Qudrat Hashimy, Recognition And Legitimacy of the Taliban Government: A Conundrum in International Law, (2023), https://papers.ssrn.com/abstract=4150964 (last visited Feb 8, 2023).
  31. Org/Jef, Hashimy, and Magoge, supra note 1.
  32. Hashimy, supra note 11 at 11.
  33. Hashimy, supra note 25.
  34. Afghanistan Horses; live, pure-bred breeding animals imports by country | 2018 | Data, https://wits.worldbank.org/trade/comtrade/en/country/AFG/year/2018/tradeflow/Imports/partner/ALL/product/010111 (last visited Feb 8, 2023).
  35. Deepak Tripathi, Breeding Ground: Afghanistan and the Origins of Islamist Terrorism (Illustrated edition ed. 2011).
Written By:
  1. Mohammad Rasikh Wasiq
  2. Sayed Mahdi Sadat Nasiri

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