ABSTRACT

This chapter looks at the way in which Malaysia seeks to deal with its plant genetic resources for food and agriculture (PGRFA). These resources are central to securing food security, especially in developing countries. This issue has assumed considerable importance because Malaysia is in the process of drafting a law regulating access to genetic resources and the sharing of benefits arising from their utilization (access and benefit sharing (ABS law)). At the same time, as a party to the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) since 2003, it is grappling with the complex question of implementing the mandatory provisions of the multilateral system of facilitated access and benefit sharing to crops listed in an annex to the Treaty. Further, Malaysia is a member of the regional Association of South-East Asian Nations (ASEAN) political grouping which is seeking to put a regional agreement on ABS of genetic resources in place. 1 In the meantime, Malaysia participates actively in several collaborative, regional and international initiatives that seek to share particular genetic resources. The central question addressed by this chapter is whether these various and seemingly disparate activities in relation to ABS or PGRFA promote or hinder the free use and exchange of these resources. A subsidiary question is how to develop coherence between these initiatives so as to provide a common pool of resources for food and agriculture at the regional level.