The International Treaty ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE
The Global Consultation on Farmers’ Rights 2016 Summary of presentations and discussions
27-30 September 2016, Bali, Indonesia 2 Farmers’ Rights module V All photos used inthisreport are courtesy of theIndonesian Agency for Agricultural Research andD evelopment (IAARD ) 33 LEIntroductionSSON 1 to Farmers’ Rights 5 11 7 17 9 9 12 12 4 13 37 52 25 35 33 43 30 10 ...... ON...... TATI ON...... TATI ...... ONSUL ONSUL ...... ONS...... VIATI ES OF THE C CTIV volution of the international policy debate and national and national policy debate the international of volution ...... the consultation pening ...... WLEDGEMENTS Setting the scene: E the scene: Setting . Rights Farmers’ of implementation Field trip...... Field . the consultation of and objectives Rationale . the participants from and expectations Inspirations Session 1: O ...... Rights on Farmers’ the Global Consultation of 2. Programme Annex ...... Participants of 3: List Annex the at participants by suggested recommendations of list 4. gross The Annex ...... Consultation ...... matter Rights Farmers’ Session 2:Why ...... Rights Farmers’ of the realization regarding experiences and Session 3: Challenges ...... forward ways Session 4: Possible ...... recommendations of summary Co-Chairs’ The ANNEXES...... rights farmers’ article 9, of Implementation 5/2015, 1: Resolution Annex O ACKN OUND AND OBJE BACKGR MNS AND ABBRE ONY ACR Table of Contents of Table L C BA INGSTHE PROCEED E GLO OF TH Acronymns and Abbreviations
ACB African Centre for Biodiversity (South Africa) ACSu Ad Hoc Committee on Sustainable Use ARIPO African Regional Intellectual Property Organization ASOCUCH Association of Organization from the Cuchumatanes (Guatemala) BSF Benefit-sharing Fund CBd Convention on Biological Diversity COASP Comite Quest Africain des Semences Paysannes (Benin) CSo Civil Society Organization eu european Union FAo Food and Agriculture Organization of the United Nations FIFAH Foundation for Participatory Research with Honduran Farmers (Honduras) GB Governing Body (of ITPGRFA) GFAR Global Forum on Agricultural Research IAARD Indonesian Agency for Agricultural Research and Development IGo Intergovernmental organization Ilo International Labour Organization IPRs Intellectual Property Rights ITPGRFA International Treaty on Plant Genetic Resources for Food and Agriculture LI-BIRd local Initiatives for Biodiversity, Research and Development (Nepal) MLS multilateral System NGo Non-governmental organization PGRFA Plant Genetic Resources for Food and Agriculture PLANAPO National Plan of Action for Agroecology and Organic Production (Brazil) PVP Plant Variety Protection SDG Sustainable Development Goals SEARICE Southeast Asian Regional Initiatives for Community Empowerment (the Philippines) TRIPS Trade-Related Aspects of Intellectual Property Rights TWN Third World Network UNIGS International University of Gastronomic Sciences (Spain) UPOV International Union for the Protection of New Varieties of Plants Acknowledgements
We would like to thank all the individuals, Contracting Parties, civil society organizations, farmers and farmers’ organizations, international organizations and other relevant stakeholders for their active participation and all the contributions they made during the consultations. Particularly we would also like to thank the Co-chairs, Carlos Correa and Regine Andersen, for their engaging facilitation of the consultation and providing their summary of the recommendations (page 30-31 of this report).
We are grateful to the Governments of Italy, Switzerland and other organizations who provided financial support for the participants, and to cover other costs of organizing this event.
We also appreciated the collaboration with the International Treaty Secretariat, for their facilitation of the consultation.
Oslo and Bogor, 20 April 2017
Muhamad Sabran, Researcher, Indonesian Center for Agricultural Biotechnology and Genetic Resources Research and Development (ICABIOGRAD)-Indonesian Agency for Agricultural Research and Development, Ministry of Agriculture
Svanhild-Isabelle Batta Torheim, Senior Advisor, Ministry of Agriculture and Food, Norway
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he he T 7 Summary of presentations and discussions “invites Contracting Parties and relevant relevant “invites Contracting Parties and Article 9 indicates measures for protecting and protecting for measures 9 indicates Article protection the including rights, these promoting to crop genetic relevant of traditional knowledge in equitably to participate right resources, the sharing benefits arising from the to participate right and the resources, genetic use of crop level on matters at national in decision-making and sustainable use related to the conservation to these In addition resources. of crop genetic of the rights of farmers measures, the importance seeds farm-saved and sell save, use, exchange to and propagating material is Farmers’ Treaty. International the of preamble affirmed in the are backed up Article 9, Rights, as laid down in Treaty; by other provisions of the International is this context most frequently referred to in Genetic Use of Plant 6 on Sustainable Article (PGRFA). Agriculture Resources for Food and beenhas Rights Farmers’ of implementation The Bodyaddressed at each session of the Governing At its Sixth Session, Treaty. of the International Body adoptedin October 2015, the Governing among otherResolution 5/2015 (Annex 1), which things take initiatives to convene to organizations workshops and other consultations regional for the organizations, including with farmers’ exchange of knowledge, views and experiences to Rights as set of Farmers’ the realization promote at results and present Article 9 of the Treaty, out in the next session of the Governing Body”. Against this background, the Government of Indonesia invited the Government of Norway to co-host a Rights (hereafter Global Consultation on Farmers’ referred to as the consultation) in Indonesia. The Global Consultation was a response to Body through Governing of the invitation the the of objectives The 5/2015. Resolution ground common develop to were consultation for understanding Farmers’ on of best practices exchange in the inspiration Rights, to find Rights, and to gather of Farmers’ realization of implementation ideas on how to strengthen Rights by bringing together a broad Farmers’ The International Treaty Farmers’ responsibility for implementing specifies thatnational various the with lies 9) (Article Rights the governments. Each country is free to choose the in appropriate, necessary and deemed measures with its own needs and priorities. accordance The realization of Farmers’ Rights is a of Farmers’ The realization of ITPGRFA, cornerstone for implementation Treaty. henceforth known as the International Aichi of implementation for important also is It ten-year current 13 in the Target Biodiversity Convention of the for Biodiversity Plan Strategic the Diversity (CBD). Furthermore, on Biological for the Rights is relevant of Farmers’ realization Development Sustainable of the achievement in governments by (SDGs) adopted Goals Agenda 2015 as part of the 2030 September The SDGs Development. for Sustainable in our we face challenges complex address the for action a call are world, and interconnected that will shape the next 15 years of policies, Rights programmes and funding. Farmers’ hunger, Goal 2: End to linked particularly are nutrition improved and security food achieve and promote sustainable agriculture. Farmers’ Rights are recognized in the in the Rights are recognized Farmers’ InternationalResources Genetic on Plant Treaty to due (ITPGRFA) Agriculture for Food and and that local contribution “…the enormous and farmers of all indigenous communities the those in particularly regions of the world, have made and crop diversity, centres of origin conservation the for make to continue will and resources of plant genetic and development the basis of food and agricultural which constitute 9). (Article world.” the throughout production food for important diversity is Crop genetic to more contributes varieties Farmers’ security. risk the systems and reduce production resilient becomes capacity This adaptive of crop failures. change. On- even more important with climate an is diversity genetic crop of management farm and international essential component of national to conserve plant genetic resources. efforts Background and objectives of the consultation of and objectives Background
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 8 Global Consultation on Farmers’ Rights 2016 in particular: (i) why Farmers’ Rights matter; The consultationaddressedthefollowingissues from NorwayandCarlosCorrea Argentina. The eventwasco-chaired by Regine Andersen industry organizations and research institutions. organizations (IGOs), Contracting Parties, seed organizations (NGOs), intergovernmental from farmers’ organizations, non-governmental drawn were participants The Pacific. Southwest Caribbean, theNearEast,North America and Africa, Asia, Europe,Latin America and the together 95 participants from 37 range ofstakeholders. The consultation brought countries in the GoverningBodyinthisregard. discussed apossiblesetofrecommendationsto affect therealizationofFarmers’ Rightsand may that issues of range a identified also They Genetic ResourcesforFoodand Agriculture. addressed intheInternational Treaty onPlant the implementationofFarmers’ Rights, as and examplesofbestpracticesrelatedto actively engaged and shared views, experiences Rights. Duringtheconsultation,participants further strengtheningtherealizationofFarmers’ Farmers’ Rights;and(iii)possiblewaysof (ii) different challengesfortherealizationof
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he he T 9 Summary of presentations and discussions Coffee Coffee 1 Coffee Luwak Coffee Ayu Taman garden in Gianyar. aims to that destination is an agritourism Coffee Luwak conventional both introduce Probiotic Luwak Coffee. and its main product, for Agency Indonesian the by Developed Development and Research Agricultural includes partly (IAARD), probiotic coffee this by and defecated cherries eaten digested coffee The probiotic Asian palm civet or Luwak. the in microbes of isolating result the are microbes The and appendix. intestine small Luwak’s the ingredients, natural process uses exclusively Inside the chemical-free. and is therefore garden, participants Luwak Coffee Ayu Taman local different the examine to the chance had herbal plants and fruits. given a tour of the rice fields. The second site Luwak Ayu Taman was the visited uwak Coffee garden Coffee uwak (Paradoxurus hermaphroditus). Luwak – Asian Palm Civet Luwak – Participants at the Taman Ayu L Ayu the Taman at Participants 1 One day prior to the consultation conference, consultation the One day prior to a field trip was organized to a rice breeding The garden. and a coffee programme breeders’ seed rice the visited first participants and their Subak Guama, called association, Subak Guama. KUAT cooperative farmers’ Wayan Manager Subak Guamathe KUAT and gave the participants welcomed Atmajaya FAO an overview of programme activities. the briefed Mark Smulders Representative work and the country’s on FAO’s participants Ida Bagus programmes. development and Subak Guama, introduced Suryawam farm programmes, breeding its rice presented seek processes, which production and facilities productivity to support farmers in increasing were Afterwards, participants and incomes. Field trip Field The proceedings of the global consultation global the of proceedings The
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 10 Global Consultation on Farmers’ Rights 2016 efforts tosafeguardplant genetic diversity, diversity isan irreplaceable component ofjoint that producers’ on-farm management of crop Given officials. government and society civil work offarmers,plant breeders, scientists, efforts, aswell asthemutual supportive of to strengthenthecomplementary strategies global consultation. He underscoredtheneed Indonesia fororganizing andhostingthe BorgarOlsen Tormodsgard First Secretary at the Norwegian Embassy Switzerland. made by the Governments of Italy and contribution financial the acknowledged also making theglobalconsultationpossible.He and Norway for their prompt response, and for Rights arefullyrealized. He thankedIndonesia they will continue their work until Farmers’ all participants, Bhatti expressed hishopethat Article 9 oftheInternational Treaty. Thanking likely to have a real impact on implementing discussions, consultations and coordination, of conductingglobalandinterregional of ITPGRFA. Heemphasizedtheimportance video messagefromShakeelBhatti,Secretary Opening remarksweredeliveredthrougha for Farmers’ Rightsiswidelyrecognized. the International Treaty, and whose advocacy played acrucialroleduringthenegotiation of tribute to Jose “Pepe” Esquinas-Alcazar, who in organizing theconsultation.Healsopaid Contracting Parties andstakeholdersinvolved country andorganizers, together with other the Secretariat, Marinoacknowledged the host consultations on Farmers’ Rights.Onbehalfof Resolution 5/2015regarding theconveningof as animportant undertaking in responseto on Farmers’ Rights.Hecitedtheconsultation background totheInternational Treaty’s work Marino openedtheconsultationbyoutlining On behalf oftheITPGRFAOn Secretariat, Opening andwelcomeaddresses consultation Session1:Openingthe in situ, on-farm and ex situ conservation thanked Mario of relevantstakeholders. seed legislation, with theproperengagement national develop to means the find eventually would learnfromothers’ experiences, and hope that, through theconsultation, his country formal seed systems.Moreover, heexpressed of complementarity between theinformal and interpretation. Yufdi stressedtheimportance and sell seeds, although this is a common seed system,andtherighttosave,exchange seen asexclusively related to theinformal observed that Farmers’ Rights should not be He system. monoculture a and seeds certified the useofmoderncropvarieties, adopting Increased crop production normally requires of Article 9 regardingFarmers’ Rights. crop productionandthe various provisions between theGovernment’s goalofincreasing Rights. Yufdi notedtheseemingcontradiction the country’s efforts topromoteFarmers’ sustainable use ofgenetic resources, including programmes to addressconservation and the IAARD. Heexplained the Government’s of Andi Syakir, theDirector-General of participants to the consultation on behalf the Ministryof Agriculture, welcomed Researchat andDevelopment(IAARD) for Agriculture Indonesian Agency the Prama Yufdi,Executive Secretary of and agriculture. are conservingplantgenetic resources forfood concrete results for farmers worldwide, who achieve and difficulties overcome to how on of Farmers’ Rights,aswell as suggestions to identify various challenges to therealization Tormodsgard saidheexpected the consultation conclusion, In Fund. Benefit-sharing Treaty’s an annual contribution to the International the world,Norwayhas,since2009,made managed by farming communities around agriculture derives from seed diversity Norwegian that benefits the of recognition In achieving the Sustainable Development Goals. it is clear that farmers play a key role in
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he he T 11 Summary of presentations and discussions continue to make for the conservation andconservation for the make to continue which resources, genetic of plant development food and agriculture the basis of constitute ” Andersen the world. throughout production identified this contribution ofout in the preamble Rights, as set Farmers’ as the basis of She also highlighted Treaty. the International 18,13, 6, 5, Articles (i.e. provisions several support the recognition and19 and 21), which However, Rights. of Farmers’ implementation adopted at all sessionsdespite the resolutions Body since the Secondof the Governing isRights Farmers’ of realization the Session, process. One challenge is thatproving a slow is a binding agreement, Treaty the International A issue. this binding obligations on without the provisionsnumber of examples exist, where of Article 9 have been fulfilled. However, the Rights remains limited, realization of Farmers’ challenges Two due to various constraints. Rights, Farmers’ of definition of lack the involve Internationalcoupled with the fact that the Parties does not oblige the Contracting Treaty (countries) to undertake hand, thefor implementation. On the other specific measures does provide an arena for Treaty International norms, andthe development of international Rights the Global Consultation on Farmers’ to that goal.held in Bali may well contribute of the development Andersen outlined since Rights norms on Farmers’ international 2007, when sessions of the Governing Body to promote on measures resolutions adopted collecting included These realization. their if and reviewing, experiences; and views (such measures national adjusting necessary, of the realization affect that as legislation) workshops Rights; convening regional Farmers’ of realization the on consultations other and action national Rights; developing Farmers’ plans; considering success stories and ways to Rights; engaging farmers’ promote Farmers’ ways forward. and exploring organizations; She went on to describe some of the key points and recommendations resulting from previous 2007, in Zambia in held consultations, global Andersen in 2010. In conclusion, and in Ethiopia consultation global the said she hoped that conservation and the In order that all participants should have anIn order that all Regine Rights, of Farmers’ understanding Norway - Organic Andersen, Director of Oikos producers of organic – the national movement Norway – and a former Seniorand consumers in Fridtjof Nansen at Norway’s Research Fellow a historical background toInstitute, presented negotiationinternational the concept, tracing the ofprocesses and describing the development to date. She recalled how the Rights Farmers’ in at FAO Rights emerged idea of Farmers’ attentionthe early 1980s, as a way of focusing farmersof innovations unremunerated the on Suchthroughout the history of agriculture. foundation ofinnovations have constituted the The International all modern plant breeding. which was adopted in 2001 and came Treaty, importantinto force in 2004, is the most managementinternational instrument for the resources,and conservation of crop genetic of Farmers’ and the protection and promotion these rightsAlthough Andersen. Rights, said are not specifically defined, the International Treaty offers measures and clarification that Rights. can be considered elements of Farmers’ traditionalof protection the comprise These the knowledge related to crop genetic diversity, right to participate in benefit sharing, the right to participate in decision-making at national level, and any rights that farmers have to save, use, exchange and sell farm-saved seeds. She stressed the importance of realizing Farmers’ Rights in order to achieve the objectives of the International Treaty, sustainable use of plant genetic resources sustainable use of plant genetic resources and the fair and for food and agriculture equitable sharing of the benefits arising from Article This is highlighted in their utilization. 9, where the Contracting Parties “...recognize the enormous contribution that the local and indigenous communities and farmers of all world (…) have made and will of the regions Setting the scene: Evolution of of Evolution the scene: Setting debate policy the international of implementation and national Rights Farmers’
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 12 Global Consultation on Farmers’ Rights 2016 consultation Rationale andobjectives of the for implementation. available made are funds sufficient that building capacity worldwide, and ensuring safeguard legalspaceforFarmers’ Rights, Rights, government responsibilities, how to on thenational implementation of Farmers’ helping tofurthershapeinternational norms address issuessuchaswaysforwardfor session oftheGoverningBody. These might would producerecommendations forthenext (ICABIOGRAD) Resources Research and Development for Agricultural Biotechnology andGenetic Muhammad Sabran(IndonesianCenter of Agriculture andFood,Norway) Batta TorheimSvanhild-Isabelle The organizers oftheglobal consultation, Buenos Aires,Argentina. Property andEconomics at theUniversityof for Interdisciplinary Studies onIndustrial and Andersen, DirectorofOikos-Organic Norway organizers introduced the Co-Chairs:Regine The consultation process begunasthe the realizationofFarmers’ Rights. make suggestions on howtofurther strengthen to playanactiveroleinthedialogue,and own countries. Finally, theyinvited everyone implementation of Farmers’ Rightsintheir the participants wouldbe inspired to strengthen and experiences, and expressed their hope that created a space to shareand exchange ideas of Farmers’ Rights. They saidthattheevent understanding an for ground common finding underscored the importance ofconsultation in consultations. Both Batta Torheim andSabran to Resolution5/2015anditscallfor a response and purposeoftheevent. arranged as This was Carlos Correa, DirectoroftheCenter
presented the background (Ministry
the implementationofFarmers’ Rights. the GoverningBody, capable of strengthening concrete and practical recommendations for strong degreeofdetermination to come up with and areas of focus, participants showed a Nagoya Protocol. Despite different priorities UN Declaration of Peasants’ Rightsandthe the Rights ofIndigenousPeoples(UNDRIP), such astheUnitedNationsDeclaration on the boundaries withotherinternational processes, actors, and improving linkages and clarifying synergies between the work ofdifferent the strengthening ofpartnershipstocreate protocol or guidelines for Farmers’ Rights, consultation included the development of a potential solutions to be explored during the trade system. Other ideas proposed as competition among farmersinthe international as wellpatentsonseedsandglobal industry withthemerger ofmajorcompanies, Rights, suchastheconcentration intheseed challenges to therealization of Farmers’ specific address to deliberations hear to hoped and indigenouspeoples.Someparticipants of smallholder farmers, including women, level, should therefore ensure theparticipation whether atlocal, national or international making process relating toseedsystems, continue to sustainhumanity. Any decision- of biodiversity, whichhassustainedandwill are thecustodians,innovatorsandkeepers farmers areattheheartofseedsystems,and speakers Several floor. observed that peasants andsmallholder the take to matter, well astheirthoughtstowhyFarmers’ Rights to share their hopes from the consultation, as the Co-Chairsinvited participants who wished expectations. Nevertheless, asastarting point, did notallowforeverypersontoexpresstheir Due tothelarge numberofparticipants, time from theparticipants Inspirations andexpectations
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Summary of presentations and discussions 13 generation of farmers must maintain this must maintain of farmers generation and pass patrimony, their which is diversity, farmer the one. In closing, next on to the it grow, to we want what “Choosing declared: is also It Rights. is Farmers’ conserve and eat and food producers, of farmers, dignity about enables the food base that about maintaining and future for current production sustainable generations”. Foundation for of the Marvin Gomez, Honduran Participatory Research with presented his organization’s Farmers (FIPAH), and work on promoting food sovereignty change by increasing resilience to climate which system, seed local the strengthening total country’s accounts for roughly half the For more than two decades, seed supply. working with farmer breeders have been their local scientists and NGOs to strengthen plant seed systems, introducing participatory seed breeding approaches and community seed security banks, in so doing enhancing context for hundreds of families in the The of climate variability in Honduras. farmers are experience has shown that when to develop given opportunities, and the tools their local seed systems, they can successfully date, To create the strategies that they need. farmers have developed numerous varieties of bean and corn, thereby increasing both the genetic base of these crops and their yields, seed banks now than 40 community more with major result of their A operating nationwide. of small-scale work has been the organization work has been recognized farmers. FIPAH’s in the national programme, but much remains FIPAH Among other proposals, to be done. new seed law to has called for the country’s Rights. include Farmers’ Asia Normita Ignacio from Southeast for Community Regional Initiatives the based in (SEARICE), Empowerment in seed system the local presented Philippines, seed total of percent 95 to 85 where Nam, Viet , Ethiopia from farmer a Reta, Tadesse seed system of the local shared his perception food for of diversity and the importance varieties wheat the For example, production. fellow farmers grown by himself and other values, such as rely on diverse agronomic and climatic to physical adaptation the seed’s as well as on and fewer inputs, conditions taste, (unique values gastronomic diverse crop ensure importantly, more and quality) singled Tadesse yields (seed, food, income). systems seed of local importance the out his and which constitute and seed diversity, of minimizing means primary farmers’ fellow in challenges emerging with risks and coping seed systems ensure food production. Local rights to save, use and exchange farmers’ property seeds, in contrast to the intellectual on imposed has been which system, right confusion and farmers, creating small-scale a offers system seed local The challenges. in qualities, and types of choices, range wide and prices, affordable at quantities, adequate However, needed. when available are which farmers does of small-scale the contribution said the recognition, adequate not receive investments and as a result, farmer, Ethiopian support to this sector are and other technical developed are generally Technologies minimal. producers, who produce seed for commercial as a commodity for sale, with profit-making food that Declaring objective. primary as the Tadesse right, human basic is a production a wide maintained his ancestors that explained which has been handed range of diversity, The current down to himself and his peers. This session explained the rationale for for the rationale explained This session in the Rights Farmers’ of recognition the examples by exploring Treaty International conservation contributions to the of farmers’ and the management of genetic resources as well as the value of of genetic diversity, seed systems varieties and informal farmers’ ensuring food security. and their role in Session 2: Why Farmers’ Rights matter Rights Farmers’ 2: Why Session
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 14 Global Consultation on Farmers’ Rights 2016 farmers in the upland have specialized in seed adapted to different regions. Smallholder material of a broad portfolio of varieties an important roleinspreadingpropagating system, where social and cultural relations play the complexity of thedynamic, informal seed than 1000nationwide). Cadima described the vastmajority of native varieties (more varieties of commercial importance, neglecting seed systempredominantly suppliesjusttwo official or formal The system. seed traditional material for potatos comes from the informal said that as much as 97 percent of propagating Ximena Cadimafrom In Bolivia, where potato is themain crop, quality andaffordable seeds. sector willnotbeable to meet the demand for vacuum in theseedmarket, as theformal seed If such strict rules are imposed, there will be a uncertified of varieties at marketcreatesaseriouschallenge. sale the prohibit regulations hurdle fortheseedclubs. The factthatseed official undergo registration, but thisposesabureaucratic must varieties Farmers’ thereby putting Farmers’ Rightsintopractice. support hashelped to sustain the initiative, seed systems,anddescribedhowgovernment complementary roles offarmersandformal to local communities. She highlighted the seeds, offering affordable and adaptable seeds now producingatotalof920,960tons The country’s morethan400seedclubsare meeting the seedrequirements of otherfarmers. their ownseedneedsandevencontribute to meet efficiently and effectively can support, right capacity development and appropriate Ignacio also explained how farmers,giventhe due to their adaptability to local conditions. varieties, had gained trust amongfarmers, how informal systems, andfarmer seeds and utilizing the seedsthattheywant.Ignacio told them to make decisions on developing and securing their local seed system and allowing helps to empower farming communities by saved seeds. The establishment of seedclubs informal sector, mainly in theformoffarm- requirements are producedandsuppliedbythe Fundación PROINPA, the equivalent of having the autonomy to seeds oftheir choice is afundamental right, fellow farmersassertthat sowingandplanting and experiences among farmers. He and his offer awaytoexchange and shareknowledge important contribution of seed fairs, which among producers. He acknowledged the collectively promotestraditionalseedsystems of smallholderfarmersin West Africa sovereignty andexplainedhowthenetwork Agoligan stressedtheimportanceoffood genetic resources for food and agriculture. seeds network and dynamic management of (COASP) inBenin,talkedaboutthefarmers’ Ouest Africain des Semences Paysannes Omer Agoligan, the Bolivianlegalframework. official gain recognition for thetraditional seed systemin and seed, quality of suppliers that canhelptostrengthenfarmers’ roleas good practices and technological innovations and farming communities, and at introducing the transparentlinksbetweenseedsuppliers traditional seed system,aimed at restoring International led a project to support the seed thattheybuy. PROINPA andBioversity farmers havelittle guarantee of thequality of and buyershasbeencompromised. a result, As levels oftransparencybetweenseedsuppliers fairs tofarmers’ accesstoseeds,she said that she acknowledged thecontribution of market and potato growers in lowland areas. While between seed providersfromuplandareas development has fractured thetraditional link seeds areincreasingly sold andbought. This by theemergence of rural markets, where seeds have been weakened in recent years to maintain the quality and suitability of The traditional strategies thathavehelped culture associated with local seed structures. of cropdiversity, traditional knowledge and systems asfundamental to the maintenance Cadima also described traditional seed maintained the quality of their production. with the lowlands. This is howfarmers have pressure frompestsanddiseases,compared production, sincetheseareasfacefarless Coordinator of the Comité
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Summary of presentations and discussions 15 Farmers’ Farmers’ role in conserving and managing should not just be acknowledged, PGRFA support and but there is also a need to as producers. How to increase empower them appropriate and information to access And how to build technology by farmers? farmers and of smallholder the capacities and in conserving indigenous communities (PGR)? resources genetic plant managing These are the issues identified as requiring Farmers’ of if implementation attention support Such reinforced. be to is Rights could also promote the complementarity of both formal and informal seed systems, recognize time same but should at the between them. In this the differences expressed also discussion, participants the which farmers views on precisely apply to. Some Rights’ notion of ‘Farmers’ a case of farmers it is primarily that claimed are less since these in the informal sector, by current laws and policies, protected the formal sector. target which mainly Farmers’ issue of the that Others observed addresses farmers who Rights principally of crop in the management are involved diversity. fundamental the stressed participants Several of food and as producers of farmers role as well as seed. Farmers play an nutrition, are crucial if they are to continue to be key to be are to continue if they crucial are The food security. global local and of providers seed systems farmers’ contribution of valuable plantsustainable use of and to the conservation was and agriculture resources for food genetic Farmers’ during the consultation. stressed as reservoirs of PGRFA seed systems serve that are of great significance to light of climate change andproduction in the agricultural In addition, some participantsother challenges. embeddedsystems are seed farmers’ that said importantthe highlighted and cultures, local in preserving local identity androle they play in traditions as a result. in the shared perspectives and Views the following discussion session included points: • • During lively discussions, the participants raised several issues linked to the important role of farmers as custodians and innovators of Their rights in this regard crop genetic diversity. Key points discussed Former Secretary Former José Esquinas-Alcázar, PGRFA, on Treaty International of the important role of farmers andhighlighted the varieties as the ultimate sourcetheir traditional for food production. Heof genetic diversity examples that underscored theillustrated several significance of traditional knowledge systems to conserving biodiversity, in maintaining and environmental and climatic cope with different Esquinas- forecast. to difficult are that changes with a SpanishAlcázar recalled his interaction who had little experience of melon farmer, proved his yet had science and technology, foodto importance great of be knowledge to fungus The Spanish farmer’s production. help farmersresistant melon genes would later The speaker highlighted how around the world. knowledge and in-depth traditional farmers’ biological andunderstanding of their seeds, them toevolutionary processes, have enabled seed diversity. carefully select and conserve that of blackAnother example he shared was Andes in the quinoa seeds, which farmers keep a researcher, as Esquinas-Alcázar, To region. compared the black seed plants appeared sickly, The plants. with the standard yellow seeds farmers admitted that the black seeds produced nutritionalthat the yields, but insisted lower importance of the black seed plants as it can When the black prevent or cure tuberculosis. seeds plants were subsequently analysed in their higher nutrient value was the laboratory, confirmed. Esquinas-Alcázar raised concerns in plant breeding. High- about current efforts yielding varieties are often constrained by low and are less sought after by most adaptability, areas as a result. farmers in marginal choose the foods they prefer to eat. Agoligan Agoligan eat. to prefer foods they the choose a call by making his intervention concluded Rights. of Farmers’ implementation for the full
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 16 Global Consultation on Farmers’ Rights 2016 • • observed thattheIndianlawwasagood not beviewedasasubsetofIPRs.Others suggested thatFarmers’was Rightsshould of intellectual property rights (IPRs). It subject the on raised were issues Several called linked to genetic material sequencing (so is development of informationtechnology system sharing capable of addressingtherecentandrapid benefit and access how to as well the International Treaty’s views current differing were There quickly tootherfarmers. producers maybeabletodistributeseeds for diverse suitable agro-ecological zones. Insuchcases,these seeds sufficient of is ascarcity there when times, difficult at important roleasseedproducers,especially and hisperceptions of Farmers’ Rights Tadesse Reta (left), afarmer from E dematerialization ). thiopia sharing of theimportance crop diversity infood production the realizationofFarmers’ Rights. different typesofPVP tobeachallenge for farmers. Otherparticipants considered improved varieties that meet the needs of benefit the to society through thedevelopment of is PVP of purpose key a that (PVP) wasalso pointed out. It was argued between patents and plant variety protection may be revoked at any time. The difference private rights,temporaryinnatureand belong to individuals, while IPRs are stressed thatfundamental human rights in somehumanrightsdeclarations. It was are human rights since IPRs are recognized were different viewsastowhatdegree IPRs saved seeds ofprotected varieties. There space tofarmerssave,useandsellfarm- example, in the sense thatit offers legal
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he he T 17 Summary of presentations and discussions Haidee presented examples of PGR policy of PGR examples presented traditional agriculture in Africa, where 80 Africa, in agriculture traditional smallholder are of producers 90 percent to on their they rely heavily that farmers, he said farming their seeds, and that own farm-saved diversity Crop diversification. crop on depends yields and means of maintaining only is their However, droughts. during particularly quality, in face a number of challenges African farmers Azenaku Leku varieties. seed their maintaining be 9 to Article for need the highlighted policies into national incorporated effectively The International impact. if it is to have any real for PGR should provide guidelines Treaty He also pointed out the policy formulation. and awareness development need for capacity methods, applicable different through creation together. and by bringing all stakeholders he stressed the Summing up his presentation, and among various between need for synergies address the to institutions partner and funding the avoid and Rights, of Farmers’ challenges waste unnecessary and efforts of duplication of resources. Africa Centre for Senior researcher from the Africa), South (ACB, Biodiversity Swanby, Africa, where there in Southern development was insufficient participation of stakeholders. that efforts extensive the She described ACB has made since 2012 to build the the and farmers’ society civil African of capacities policy changes that movements on the radical seed system. managed would displace farmer- of Swanby underscored the importance This farmers. seed systems for rural informal seed Africa of their in supplies up to 80 percent requirements, but also preserves the culture to helping of knowledge, safeguarding and to and contributing seed diversity, maintain is sector formal the Furthermore, resilience. sector agricultural the of serving incapable viable crops. However, beyond commercially challenged system is now being informal the The study Director of Director Mary Jane dela Cruz shared the Session 3: Challenges and experiences regarding the realization the regarding Challenges 3: Session realization experiences and Rights Farmers’ of Francis Leku Azenaku, set out to gather views, perceptions and possible set out to gather views, perceptions for implementation to advocate strategies the presented Cruz Dela Rights. of Farmers’ focusing on partial analysis of the survey data, cited challenges mentioned most frequently the These by the respondents from 58 countries. wider of the promotion limited (i) included: crops, varieties adapted and locally use of local or lack (ii) limited species; and underutilized of awareness and understanding of the concept of Farmers’ Rights; (iii) implementation support; (iv) lack of or limited lack of financial informal measures strengthening of national space to legal seed systems; (v) limited conserving, farmers to continue enable using PGRFA; and sustainably developing activities. capacity-building and (vi) limited Dela Cruz stated the presentation, Concluding of respondents rated the majority overall, that Rights in their of Farmers’ the implementation country as “insufficient”. des et du Contrôle de Qualité Réglementation Cameroon, Agricoles, Produits des et Intrants Region Africa the results of the presented Harare, in 2016 June in held pre-consultation Zimbabwe. Discussing the conditions of On behalf of the International Treaty Treaty International of the On behalf Secretariat, conducted by results of a recent global survey Rights. on Farmers’ the Secretariat This session was devoted to discussion of the to discussion was devoted This session involved experiences and challenges various also It Rights. Farmers’ of realization the in intellectual and of seed number a examined degrees different as the as well laws, property traditional paid to farmers’ of attention systems in governments’ management During the investments. plans and donors’ to were invited discussions, participants the that impact further challenges identify Rights. realization of Farmers’
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 18 Global Consultation on Farmers’ Rights 2016 seed policy, which recognizes the important effort has led to the development of a national that could strengthen farmers’ capacities. This and leveragingsimilar agricultural projects farmers tosecuretheir localseedsystems, which involveddeveloping thecapacities of Agricultural Research andExtension (DARE), described aproject called Democratizing issues thattheyfaceintheirfarming.Kea deeper understandingofthechallenges and Farmer Field Schools and training, and a example through participatory plant breeding, interactions with smallholder farmers, for has enabled GDA to have more meaningful SEARICE andSrerKhmer. This collaboration civil society organizations (CSOs),suchas engaging farmers through partnerships with seeds. GDA has been actively working and some oftheconcernsfacedbyfarmersregarding Directorate of Cambodia, Agricultureto address (GDA) Department of Rice Crop underthe General Office, highlighted the initiatives takenbythe Development and Kong Kea,HeadoftheRiceSeedManagement 2014. participation at the tail end of the process in civil societyandfarmer due tostrenuous provisions onFarmers’ Rightswereamended protocol based on UPOV 1991.However, key a harmonized plant variety protection (PVP) Development Community (SADC)developed policy processes. the Southern Also, African illegitimate and flawed supporting by Rights, and promoted theunderminingofFarmers’ have hampered of Article 9.2c ofITPGRFA Intellectual Property Organization (WIPO) organizations such asUPOV and the World International Treaty, while international being are made to operationalize Article 9.2c of the efforts insufficient that claimed without consultation with stakeholders. She According to Swanby, the protocol was adopted of New Varieties of Plants(ArushaProtocol). (ARIPO)’s Arusha ProtocolfortheProtection Regional Intellectual Property Organization the continent. A caseinpointisthe African by the harmonization of policies and laws on seeds. The Government uses farmers’ purposes and toexchangeand distribute derivatives of protected seeds forpropagating West Sumatra.Farmersareallowed touse garcinia trees andshrubsinSijunjung District, conservation and sustainable use ofwild based managementimplementation of initiative, seed participatory plant breeding,andcommunity- in self-sufficiency villages related to Farmers’ Rights include the 1 000 capacity-building. Other nationalprogrammes farmers throughapplicable services and Empowerment, whose objective is toempower of LawNo.19onFarmers’ Protection and other propagating material. He also spoke use, exchange andsellfarm-savedseed law providesmorerightstofarmerssave, resources. Jamal explained that the amended conservation anddevelopment ofplantgenetic inthe offarmers rights the defines law The Plant Cultivation System (Law No.12.1992). 2012, which amended the Indonesian law on the IndonesianSupremeCourtDecision experiences from Indonesia. Surono Danu,a farmer, presented national Research and Development (IAARD), for Agricultural Indonesian Agency the Agricultural Socio-Economic Policy Studies, Erizal Jamal,fromtheIndonesianCenterfor selection andparticipatoryplantbreeding. partners, to promote participatory variety financial support fromgovernment and development further seeking currently is GDA seed quality and diversity of rice varieties. management and thedevelopment of improved the country’s strategic programme for rice seed plans toinclude participatory plant breeding in communities. In thefuture,Government seeds anddevelopingnewvarietiesfortheir 2014 fortheir efforts inproducing high quality presented with an award bythe Minister in formed. Two outstanding farmers were and several seed producer groups have been variety selection ofseedsanddevelopment, through FarmerFieldSchoolsinparticipatory more than1000farmershavebeentrained roles offarmersintheseedsector. Furthermore, Jamal described and
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Summary of presentations and discussions 19 John John addressed participants of the global the global of participants addressed On behalf of the CBD Secretariat, CBD of the behalf On Scott consultation via Article video. He reflected on the and CBD the of provisions related and 8j of history long Convention’s the to Parties well as peoples, as with indigenous working especially communities, and traditional local smallholder of whom are women, many the Scott addressed farmers. In particular, protect to namely 9.2, Article of objectives genetic knowledge relevant to plant traditional the right and agriculture; resources for food to equitably participate in sharing benefits presented his local rice local his Danu presented Farmer Surono is resistant variety This Sertani. breed called and is more resilient to pests and diseases, to tolerance high a to due change climate to at his He conducted the breeding salinity. seeds of 181 local own farm after collecting has been widely variety The Sertani varieties. to afford farmers many and helped distributed the seed. organizations as partners, in order to prevent prevent to order in as partners, organizations and production seed the of monopolization the process. distribution
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 20 Global Consultation on Farmers’ Rights 2016 in India). However, often there are no specific no are However,there India). often in conditions are met(Peru, Viet Nam,proposed sometimes require that certain quality including the sale of seeds,thoughthey traditional small-scale farmer activities, All seedlawsstudied offer exemptions for farmers’ seedsystems. has never been to promote the functioning of consequence, the purpose of seed legislation on promotion of theprivate seed sector. As a policy that was developed focused mainly of the public sector. Nevertheless, the seed aided by the private sector, replaced the role and farmers’to alarge seedsupplies, extent largely disengagedfromseedproduction, sector. Then, national agricultural systems governments playedamajorroleintheseed three decades.Inthe1980s,mostnational has changedconsiderablyoverthepast study, the seed sector in developing countries Viet Nam and Zimbabwe). According to the (India, Laos, Mali, Myanmar, Peru, Senegal, on farmers’ seedsystemsineight countries study onthe impact of seedpolicies and laws Netherlands Bert Visser, Targets. 2011-2020 anditstwenty Aichi Biodiversity Diversity, theStrategic Plan forBiodiversity to thesuccessofConventiononBiological women andsmallholderfarmers–arecentral local and traditional communities – especially collective contributions of indigenous peoples, and stressed that actions on the ground and documents madeavailable fortheconsultation, attention of participants to therelevantCBD Nagoya Protocol. In conclusion, Scott drew the farm-saved seed/propagating material, and the rights offarmerstosave,use,exchangeandsell also spokeof Article 9.3, whichoutlines the genetic resources forfoodandagriculture. He conservation and sustainable use of plant the national level, on matters related to the right toparticipate in makingdecisions,at resources forfoodandagriculture; and the arising fromtheutilization of plantgenetic , sharedtheresultsofarecent from Oxfam Novib in the have succeeded in convincingtheGovernment In France, however, civil society organizations laws donotrecognize farmers’ seedsystems. Free Trade Agreements. He claimed that these through the World Trade Organization and which areexportedtoother partsoftheworld and IPRlawsinEuropeNorth America, Campesina, sharedhisconcernsaboutseed Guy Kastler, global foodsecurity. of small-scale production to national and revision in the light of the major contribution In conclusion, Visser saidthat seed lawsneed requirements may become real impediments. areas extendbeyondlocalparameters,these occur. Butassoonquantities or marketing supervision andregulation, noproblemsmay and informal, anddonottherefore qualify for As longasfarmers’ seedsareconsidered local small-scale farmer-seed producers cannot meet. often impose excessive transaction costs, which Formalities in seed registration and certification exemptions fortraditionalactivities. to another, thereby falling into thecategory of or salesofseedsfromonesmall-scale farmer understood as facilitating the exchange, barter the role of seed fairs, although they can be of Zimbabwe,nospecialreferenceismadeto diversity in farming systems. Except in the case scale systems,andwhichcontributetoawider varieties that are only maintained in small- and inparticular to markettheseedoffarmers’ market theirseedoutsidethelocalcommunity, Nam). Suchpolicieslimit farmers’ optionsto countries maytacitly accept suchpractice (Viet in others(e.g. Viet Nam),althoughsome some countries (e.g.Zimbabwe),thoughnot in befacilitated may standards certification seed is sold in local markets only, meeting such If lots. seed of certification the as well as varieties andtheseller(legalornaturalperson), requirement for theregistration both of enterprise, there appears to be a general of the Ministry). In the case of farmer seed collaboration with departments and services with exception of Myanmarpossibly(ifin conditions for farmer seed enterprises, global spokesperson for LaViaglobal spokesperson
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Summary of presentations and discussions 21 from Third World World Third from of UPOV 1991, which of UPOV 3 spoke of the contradictions the contradictions spoke of She said that Farmers’ Rights Rights She said that Farmers’ 2 PVP laws of Malaysia laws of Malaysia sui generis PVP conflicts between the International The interrelations between the International Treaty, its Treaty, between the International The interrelations were a core component of the International the of component core a were the that concern is there that adding Treaty, undermining WIPO are and UPOV of activities an analysis presented those rights. Shashikant of the and of UPOV, requirements the and Treaty for the implementation the implications Rights. She described UPOV of Farmers’ 1991 as a ‘one-size-fits-all’ regime, which is restrictive and inflexible; it lacks mechanisms it lacks to prevent misappropriation; and it seed systems; of farmers’ recognition To Rights. of Farmers’ implementation limits examples the she presented this point, illustrate of national reviewed and the Philippines, which were of deletion the for called UPOV UPOV. by to rights farmers’ implemented provisions that seeds, and which and sell farm-saved exchange operationalized equitable benefit sharing, on 1991. UPOV the basis that they are contrary to rights to a human Shashikant also pointed assessment impact found that UPOV’s restrictions on the use of restrictions UPOV’s found that to right the affects seeds adversely protected harder to access – food - since seeds become as well as other human rights, by reducing for health is available that household income care or education. she stressed that the right to Furthermore, processes in decision-making participate for the (Article 9.2(c) is a prerequisite that adding Rights, of Farmers’ realization diversity, which is also useful for breeders. useful is also which diversity, Shashikant, Sangeeta (TWN), Network Breeders’ Plant and Rights Farmers’ between society by civil based on a study Rights, organizations. https://www.publiceye.ch/en/topics-background/agriculture-and- The paper International Contradictions On Farmers’ Rights: On Farmers’ Contradictions The paper International 1991 based on case studies in Kenya, assessment of UPOV human rights impact A Owning seeds, accessing food – at Available 2014. October Philippines, the Peru and Article 9 on Farmers’ Rights, and Relevant Instruments of UPOV and WIPO, available at http://www.twn.my/title2/ WIPO, available and Instruments of UPOV Rights, and Relevant 9 on Farmers’ Article intellectual_property/info.service/2015/ip151003/457628655560ccf2b0eb85.pdf biodiversity/seeds/owning-seeds-accessing-food/ 3 2 to allow farmers’ seed exchanges that do not that seed exchanges farmers’ to allow uniform distinct, of being criteria the meet (DUS). and stable new Kastler also addressed developments in genetic modification (‘gene not to be regulated seemed which editing’), anymore as genetically modifiedorganisms EU by the authorized therefore, (GMOs) and, “GMO”. without the label to enter the market farmers then face the According to Kastler, that fact the due to criminalized, risk of being patented contain use might they plants the of labelling, Due to lack information. genetic not know if plants they buy farmers would not. or information genetic patented contain from selection seed their If farmers make the patented introduce these plants, they might thus seed systems, and farmers’ the into genes ownership over their remove farmers’ legally own seeds. to may contribute Treaty The International Material solving this problem if the Standard forbids patents (SMTA) Agreement Transfer the research and selection that not only limit and commercial process, but also the plantation Multilateral provided by the use of the material never cease System (MLS). Farmers will MLS if the to own varieties their transferring such a guarantee is not secured. varieties use farmers’ can freely Breeders farmers process, while selection the during same for the varieties breeders’ use cannot purpose, since they rely on market oriented production and this is considered agricultural exemption to be outside the scope of breeders’ Kastler stressed varieties. for IPR protected should support farmers who that breeders plants adapt farmers seeds, since their preserve increased to contribute and change, climate to
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 22 Global Consultation on Farmers’ Rights 2016 goods withinthelocalcommunity. farmers toexchangethisagainstothervital of protected varieties, it allows subsistence In theoccasional caseofpropagating material not. or affected significantly are breeders the the UPOV consider whetherthelegitimate interests of to under flexibility the have members that Convention, clarified Huerta propagating material of protected varieties, to acts of subsistence farmers concerning public institute, company, etc. With regard system, abreedercanbefarmer, researcher, considered to be a breederunderthe UPOV can be that norestrictionsareimposedonwho of non-protectedvarieties. Sheemphasized farmers togrowandsellpropagatingmaterial does not therefore restrict the ability of farmers’ varieties. Plant Variety Protection plant variety protection such asnon-protected not regulate varieties that are not covered by to newvarieties of plants. Thus, UPOV does the UPOV Convention only offers protection that explained further She society”. of benefit development of new varieties of plants, for the protection, with theaimofencouraging promote aneffective system ofplantvariety UPOV missionstatement “toprovideand of the UPOV Convention. She presented the the provisions forfarmers in the different Acts of New Varietiesdiscussed ofPlants(UPOV), of theInternational Union fortheProtection Yolanda Huerta, Farmers’ Rights. such systems offer the policy space to realize systems thataredistinct from UPOV 1991,as opt forsuigenerisplantvarietyprotection In conclusion,shesaidthatcountriesshould protocol onPVP, whichexcludedfarmers. to the flawed process of developing the ARIPO supports non-participatory processes, referring UPOV underminesFarmers’ Rights,sinceit 4 about/en/faq.html#QF70 gating material of protected varieties against other vital goods within the local community?” int/edocs/expndocs/en/upov_exn_exc.pdf Explanatory notes onexceptionstothebreeder’s rightunderthe1991 Act ofthe UPOV Convention Legal Counsel
at the Office the at 4
andUPOV FAQ “Isit possible for subsistence farmers toexchange propa- • the followingwereidentified: to thefurtherrealization of Farmers’ Rights, Farmers’ Rights. Among the core challenges or lack ofawarenessandunderstanding of to policy levels, and that they include limited country toanother, aswellfromtechnical implementing Farmers’ Rightsvaryfromone Rights. Itwasnotedthatchallengesin that impede the implementation of Farmers’ opinions regarding challenges and issues discussed andexchanged their views and Following thepresentations,participants Key pointsdiscussed that breeders’ rightsresultinfarmers’ benefits. mutually supportivemanner. Sheconcluded implement bothinternationalinstrumentsina Convention, sheillustratedthatispossibleto both theInternational Treaty andtheUPOV on amapshowingthatmanycountriesapply of thelegitimateinterestsbreeder. Based reasonable limitsand subject to the safeguarding allow farmersto use farm saved seeds under that underthe1991 Act, UPOV memberscan certain farmsavedseedpractices.Shenoted UPOV membersboundbythe1978 Act allow not allowfarmedsavedseeds,whileother France, whenitwasboundbythe1978,did saved seed. Certain UPOV members like farm on provisions specific contain not does breeder’s right.Forinstance,the1978 Act breeder’s rightandtheexceptionsto additional provisionsonthescopeof She alsonotedthatthe1991 Act contains some participants argued that in many in theInternational Treaty. However, with national governments, as stipulated implementation of Farmers’ Rights rests of stakeholders?Responsibilityforthe Farmers’ Rightsandbuild capacities awareness ofthe importance of realizing How toenhance understanding, create http://www.upov.int/
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Summary of presentations and discussions 23 Several participants expressed concern at concern expressed participants Several with seed sector, in the monopolization the controlling of companies just a handful market. global seed Property Intellectual address to How expressed Participants (IPRs)? Rights plant national current concerns about those laws, especially variety protection affecting are which 1991, UPOV on based the seed flow between formal and informal farmers’ well as limiting seed systems, as and sell protected rights to use, exchange proponents of the UPOV varieties. Some it is up to each country to system said that was laws, but there on its own PVP decide no consensus about the extent of flexibility up to the enjoyed by countries who signed Convention. Some of the UPOV Act 1991 UPOV’s the that claimed representatives (FAQ) Asked Questions Frequently could farmers subsistence showed that the within varieties protected exchange others pointed However, local community. which notes, explanatory UPOV’s that out rights, address exceptions to breeders’ of understanding narrow very a adopt farmers subsistence farmers, and that such be conditions only under certain may to consume farmed- saved seeds allowed permitted not are but own holding, their on and sell them. In addition, to exchange of the interests the that state FAQ UPOV’s and that breeder should not be affected, as a of seeds is not accepted the exchange on patents that said Others activity. regular negative more far a have resources genetic Rights and on breeding on Farmers’ impact Protection. Variety than Plant of implementation the integrate to How sectors relevant the within Rights Farmers’ to UPOV, and various UN fora? In addition and UN agreements relevant other the Convention were the processes mentioned Diversity (Article 8j), the on Biological Nagoya Protocol, and the Commission on Agriculture, Resources for Food and Genetic as UNDRIP, Organization, Trade World the well as ILO 161. • • There are concerns There are concerns cases, stakeholders do not have the means means the have not do stakeholders cases, of to lack due these rights to implement lack of capacity, institutional/technical and capacity- information of understanding Farmers’ to realize needs in order building funding. or lack of adequate Rights, and seed release variety address How to distribution legislation? seed laws and plant variety about national hamper which certification, and registration seeds non-registered acquiring in farmers and selling farm- and saving, exchanging to this limitation addition saved seeds. In for farmers to use farm- of the legal space of lack is the concern saved seeds, another the laws in making participation farmers’ In terms this area. regulating and policies of registration and certification, it was said developing that the majority of farmers in countries cannot requirements. Nor do fulfil they have sufficient thethe in engage to resources and capacity technical though procedures, legal/administrative show that experiences some documented the formal many farmers are meeting standards for seed quality control. complementarity support the How to and formal seed informal between and peasant farmers systems? Smallholder on informal seed conform communities formal the to contribution its and systems be underestimated. not should sector seed with the or interface Complementarity formal seed sector should be addressed. that the needs and said Several participants not were farmers of smallholder concerns properly reflected in national seed laws. It we should not try out that was also pointed their and farmers for unfit system a make to system of seed production and distribution, there is a need but that, on the contrary, to tailor laws and policies on the ground. Some said it was realities to reflect the neglected countries many that paradox a policies their in system seed informal the system when this framework, legal and of the 80 or 90 percent for up to accounts countries. developing many supply in seed • •
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 24 Global Consultation on Farmers’ Rights 2016
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ex-situ Local Initiatives for Local Initiatives of and on-farm conservation. Community seed Community conservation. on-farm and banks are often understood as community- based stores used for the distribution of seed On-farm conservation to local communities. and continued retention the maximizes also of farmers’ qualities genetic of the evolution varieties. Shrestha, Pitambar (LI- Development and Research Biodiversity, lessons learned discussed the BIRD), Nepal, plant breeding (PPB) to in participatory seed systems and promote strengthen farmers’ explained He Nepal. in on seeds rights farmers’ farmers involves framework of PPB, which the and scientists working together to develop new plant The landraces. improve and/or varieties the important contributions of farmers as farmers of contributions important the resources and of crop genetic custodians diverse presence of genetically the attributed indigenous producers’ to varieties farmers’ government He explained knowledge. and manage crop genetic to conserve efforts up and scaling establishing resources by described seed banks, which he community farmer-based a dynamic as representing Ethiopian’s of conservation the to approach resources. Community seed plant genetic greater maintaining to banks contribute genetic diversity in seed security by making seeds ensure farmers’ farmers’ fields; they a crucial they offer and accessible; available and sharing lost varieties means of restoring farmers; among and expertise knowledge against environmental they serve as a buffer a source of and economic losses, and as cultivar for improving materials genetic are they and enhancement; and selection for enhancing also valuable as a springboard of farmers’ extension services on conservation importance the He underlined varieties. of capacities of empowering and building farmers. Generally, women farmers, especially banks seed community Angassa explained, a programme linking aim to establish which at the
Director of the Crop and Delessa Angassa, Director Horticulture Biodiversity Directorate posed severe restrictions on the realization on the posed severe restrictions peoples, Indigenous Rights. Farmers’ of and organizations society and civil farmers’ their raise to forces joined stakeholders other Act, before Congress voted concerns about the 2014. Meanwhile, to abolish it in September seed policy is underway, a draft national to realize measures several integrating provision the include These Rights. Farmers’ in seed banks for community of incentives and recognition communities; agricultural of in-situ conservation, for systems incentives of breeding plant of participatory promotion strengthening varieties; and local traditional of the use of promotion services; of extension local and native plants for food and nutrition seed producers’ local strengthening security; a mechanism establishing organizations; for recognition of the informal seed system; that ensure provisions to other several and Industry Rights are put in place. Farmers’ to block the have attempted representatives seed laws. Sergio Romeo Alonzo Recinos, of the Alonzo Sergio Romeo the from Organizations Association of (ASOCUCH), Cuchumatanes, Guatemala, this in of experiences an overview presented Act 19-2014 of abolition the regarding country of Plants, Varieties of New Protection This session was devoted to sharing devoted was This session different of how examples and experiences in implemented are Rights of Farmers’ aspects The session sought the world. various parts of realization the discussion on how to stimulate Rights could be strengthened. of Farmers’ Session 4: Possible Session forward ways Ethiopian Biodiversity Institute, talked about talked Institute, Biodiversity Ethiopian seed banks in conserving the role of community the resources. He described crop genetic of crop in terms enormous wealth country’s and diversity cultural resources, genetic acknowledged He knowledge. indigenous
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 26 Global Consultation on Farmers’ Rights 2016 to ensure the conservation and sustainable that the objective of thesystemshouldbe variety protection. alternative Argentina, presented tools fordesigning Centre and University of Buenos Aires, Carlos Correa, and promotesFarmers’ Rights. systems, addsvalue to localgenetic resources, local seed the PPBapproachstronglysupports in the PPB process. Shrestha concluded that farmers’ groupsandplant breeders involved system, under the joint ownership of farmers, programme areregistered inthenational New varieties developed through the PPB participation in decision-making processes. use offarmers’ traditional knowledge and therefore promotes recognition and further assessment ofselected varieties. The process play anactive role inconducting a post-harvest local parents for PPB,andwomen farmers farmers are involved in identifying suitable such asfarmer-to-farmer dissemination. Local spreads rapidly through informal networks, variety selected the fields, farmers’ in place the newvarietydevelopment process takes seeds ofthe PPB-bred varieties locally. Since but alsotoproduceanddisseminate quality farmers, not only to develop new varieties, explained that the PPB processempowers diverse countriessuchasthis.Shrestha approach is moreusefulinagro-ecologically cannot grow inmanyplaces, and the PPB is ahighlydiversecountry, andonevariety are tolerant tobiotic and abiotic stresses. Nepal farmer-preferred high-yielding varieties that of communities, while theaim is todevelop goals basedonthe needs and varietal preference breeders and farmers jointly set the breeding 6 5 org/news/detail/realizing-farmers-rights-through-community-biodiversity-management/ ment nal hasprepared twobriefsonRealizing farmers’ rightsthrough community-based agricultural biodiversity manage- for exchangingviews,experiences and bestpractices on theimplementation of Farmers’ Rights”,BioversityInternatio In responsetotherequest of the Plant Treaty Secretariat to gather “information at national, regional and global levels org/news/new-publication-plant-variety-protection-developing-countries-tool-designing-sui-generis-plant His presentation was based onthisreport, which isavailable in English,FrenchandSpanish at and Supportingcommunity seedbankstorealize farmers’ rights,available at http://www.bioversityinternational. sui generissystemsforplant Special Advisor totheSouth 5 Hisstarting point was success. around theworld,aswellpreconditions for discussed itsworkoncommunity seed banks Ronnie Vernooy, (ITPGRFA). Genetic Resources forFoodand (Nagoya Agriculture Sharing Benefit Protocol) andtheInternational Treaty onPlant and Access on Diversity (CBD), the Nagoya Protocol objectives of the Convention on Biological may also promote the achievement of the that prevail in thosecountries.Suchregimes suitable to theseedandagricultural systems Intellectual Property Rights(TRIPS),maybe of the Agreement on Trade-Related Aspects of while beingconsistentwiththerequirements regimes, which, variety protection (PVP) countries mayopttodesignsuigenerisplant small-scale farmers. He said that developing uniform varieties), and provides exceptions for that isbroaderthanUPOV (including non- sharing requirements) protection, with ascope (plant variety protection) and defensive (benefit Sui generisPVP isacombinationofpositive meet theconventional standards underUPOV. including in respect of varieties that do not elements that alternative regimes maycontain, Convention asrevisedin1991,andpossible by discussingthe rigidity of the UPOV on howtoachieve them. Correa continued on theseobjectives, but therearedisagreements said thatthereseemstobegeneralagreement the increased diffusion ofadaptedvarieties. He ensure the continuous adaptation of seedsand livelihoods of farming communities, and of farmers and society at large, improve the balance plantbreeders’ rightsandthe needs use ofplantgenetic resources. Itshouldalso functions ofsuchseedbanks,whichnormally 6 Hehighlighted the multiple uses and from BioversityInternational,
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and and Director of the Director of the SD=HS Programme Lead conservation and highlights conservation and highlights
situ Oxfam Novib, the Netherlands, from the role of farmers in plant genetic resources the role of farmers in plant genetic resources conservation. Gigi Manicad, Mushita, Director of the Community Andrew (CTDT) Trust Development Technology in Zimbabwe, presented possible steps for Rights, national implementation of Farmers’ based on the lessons learned from their global They stressed the need for full programme. Rights for global implementation of Farmers’ security. nutrition and food and national This should work towards the development together with the of a vibrant seed sector, public and private seed sector and farmers’ communities, and which need to be addressed. addressed. to be need and which communities, respect and water, to land access include These of women, empowerment for communities, recognition and rescue participation, youth He knowledge. and traditional of peasants participation, for social the need emphasized and urban workers, including of both peasants faced by peasants consumers. Challenges farmers’ size of the small in Brazil include of the seeds in markets, plots, the low quality the difficult of obtaining non-GMO local of and the loss genetic contamination seeds, farmers in Brazil demand varieties. Family varieties and funding for seed locally adapted production. Argumedo, Alejandro Association ANDES was which (Seeds), Uyway film the introduced from Peru, then briefly shown for its full 15 minutes. The film are mobilizing shows how Quechua farmers diverse their threatens change climate as future. Potato seed stock and food secure and physical farmers embark on a spiritual the Svalbard journey to deposit seeds in Norwegian island on the Vault, Global Seed “I will come back if there is a of Spitsbergen. The song. the in ‘seed’ the promises danger”, film explores the connections between seeds the sacred. and humans, biodiversity and It underlines the importance of linking on- farm and ex global Da Silva, global Toledo Marciano Campesina, talked Via spokesperson for La Agroecology for the National Plan about Production (PLANAPO) in and Organic policy is the Government’s Brazil, which for sustainable rural development, including strengthening the development of farmers’ seeds. PLANAPO includes six guidelines and several strategic actions and initiatives which of Government and civil society, should be encouraged by the Government through financial support food and national seed production. Da Silva to the for plan expressed concerns about the focus of a Brazilian economy based on “export-oriented agriculture”. He also expressed concerns about certain challenges faced by peasant bearing short and long-term conservation plan, plan, conservation long-term and short bearing as of seeds, availability and access providing food sovereignty. and seed as promoting well seed of community case studies cited Vernooy effectively which regions, different banks from of Farmers’ the implementation to contribute and save, use, exchange to right the (i.e. Rights propagatingand seed farm-saved sell material; knowledge relevant to protection of traditional and equitable sharing plant genetic resources; of the benefitsarising from these resources). they are seen as a platform In some areas, sustainable development and for local rural the key roles of women in recognition of to his According local seed management. seed studies, global interest in community banks has increased significantly in the past five years. However, for the sustainability of are certain any community seed bank, there is to sustain preconditions, if the seed bank support the its functions and effectively These may Rights. realization of Farmers’ (i) farmers’ include, but are not limited to: availability of interest and leadership; (ii) with other local facilitator and interlocutor to crop stakeholders; (iii) responsiveness possibility to diversity decline/loss; (iv) availability of respond to climate change; (v) policy and technical support; (vi) a supportive legal environment.
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 28 Global Consultation on Farmers’ Rights 2016 Agency for Development and Cooperation Development Community (SADC),the Swiss selected countriesintheSouthern African market. Itisagainstthisbackgroundthatin seed plantedispurchasedfromtheformal In seed. quality southern Africa, lessthan20percentofthe good diversified of lack demand forproducehasbeenlimitedby However, thepotentialtomeetgrowing women, whosellfoodstuffs atlocalmarkets. in providingincomes,particularlyfor various producehasalsobeenimportant to foodsecurityandnutritionin Africa. Their traditionally beena noteworthy contributor programmes. Smallholderfarmershave Farmers’ Rights perspectives in food security experiences in Southern Africa in integrating of Switzerland, Jakarta, shared the Swiss Development CooperationattheEmbassy Martin Stottele,HeadofEconomic genetic resourcesavailable. to conserving,improvingandmakingplant for farmerstomaintaintheircontributions which wouldcreateanenablingenvironment formulating effective policyandlegislation, speakers, thereisaneedtoassistcountriesin for Farmers’ Rights. According toboth multistakeholder dialoguetosetguidelines Articles 9.2a,b,c and9.3;(3)Convene institutional factorsthatfacilitateorhinder of keypolicyissuesonbothtechnicaland identification Participatory (2) sector; seed of farmers’ seedsystemswithinthenational Farmers’ Rights:(1) Assess theroleandneeds Guidelines forNationalImplementationof steps forthedevelopmentof Voluntary She recommendedthefollowingpreparatory move forwardfromgatheringbestpractices. of Farmers’ Rights. There isnowaneedto practices andempiricalevidenceinsupport other similarprogrammeshadcollectedbest Diversity=Harvesting Security(SD=HS)and seed systems.ManicadsaidthattheSowing 7 The reportisavailable at http://www.apbrebes.org/files/seeds/files/PE_farmers%20right_9-16_def-high.pdf in decision-making. recent studyonFarmers’ Rightstoparticipate a presented (APBREBES), Society of Benefit of the Association forPlantBreedingthe (Switzerland), oneofthefoundingmembers Laurent Gaberell, fromPublicEye groups. closely withfarmers,andfarmersupport and policyrelatedstructures,whileworking research influenced further has sector the in locally produced seed. SDC’s involvement and continuetouse,plant,exchange space forsmallholderfarmerstoparticipate in theirnationallaws,resultingincreased incorporated clausesrelatedtofarmers’ rights For example,Malawiand Tanzania have of seed laws atbothregionalandnationallevels. drafting the influenced has project engagement. Sofar, theSwisssupported smallholder farmersandCSOsfromactive ARIPO. In addition, these processes excluded well asthe Arusha protocolforPVP under of theseedsysteminSADCregion,as the developmentofPVP andharmonization legal spaceforfarm-savedseed,Stottelecited As examplesofprocessesthatunderminedthe widely extendedtotheinformalseedsector. markets andseedlawharmonizationwas not support forregionalintegrationoftheseed systems. In the early stage of the programme, seeds fromtheinformalandsemi-formal availability, accessandvarietyofquality of smallholderfarmersbyimprovingthe programme that aims to increase the resilience (SDC) issupportingaregionalfoodsecurity resulting inpoliciesand lawsthatoftennot exercising their right to participate at all levels, Farmers faceconsiderablechallengesin national, regionalandinternationallevels. its implementationisseverelyinadequateat Farmers’ Rights. Yet Gaberellclaimedthat for thefullandeffective implementation of in Article 9.2(c)ofITPGRFA asaprerequisite 7 This rightisrecognized
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Summary of presentations and discussions 29 International Treaty. She noted the importance the She noted Treaty. International awarenessraising and capacities of building as Rights, Farmers’ provisions of on various one of the needs identified in theglobal online by therequests made and in several survey On Treaty. Body of the International Governing conductto need the emphasized she issue, this capacity-building develop national workshops, developingfor advice legal provide materials, policies, and raisingor amending national various Rights through awareness of Farmers’ media. communication Key points discussed good practicesSeveral presentations described ground thatand practical action on the These practices Rights. demonstrate Farmers’ to communityincluded, but were not limited seed fairs,seed banks and seed networks, and nationalparticipatory plant breeding Somegovernment programmes and initiatives. andof these practices are well documented as appropriate.can be shared and upscaled, discussedIn this context, the participants underpinpossible recommendations that would implementation at national and Rights Farmers’ international level. gathered all The Co-Chairs and organizers during thethe recommendations received consultation presentations and discussion sessions, as well as those received via email had the organizers from participants. Initially, recommendationjoint that a list of suggested would be one of the expected results of the large due to the consultation. However, number of number of recommendations, large participants, time limitation, and the fact that organizations represented participants some without a mandate to adopt recommendations, it was agreed to request the Co-Chairs to make the of interpretations their reflecting summary a discussions at the consultation. areall recommendations list of full The The Co-chairs summaryAnnex 4. presented in box the in presented are of recommendations at the next pages. Juanita Chaves Posada, from the Global Forum presented Research (GFAR), Agricultural on onProgramme Building Joint Capacity the The Rights. the Implementation of Farmers’ goals of the programme are to: i) improve the Rights at national implementation of Farmers’ and local levels, by developing and increasing Rights under capacity and awareness on Farmers’ ii) increase awareness Treaty; the International of the importance of informal seed systems; iii) promote policies and legal measures that Rights; and iv) promote the recognize Farmers’ co-existence and mutual support of the formal and informal seed systems. Chaves Posada explained that the programme promotes the establishment and strengthening of networks Rights, of stakeholders implementing Farmers’ building trust among them and enhancing Rights under the Farmers’ consensus on only ignore their concerns, but also adversely also adversely but concerns, their ignore only from Drawing to operate. freedom their affect norms, as from the as well the challenges, and mechanisms good practices principles, – that system exist Nations United the within – rights framework within the human especially some of the key elements thatGaberell presented implementation the effective are essential for in decision- to participate Rights of Farmers’ that the Governingmaking. He recommended to conduct decide ITPGRFA, Body (GB) of in participation of farmers’ an assessment related meetings and Treaty International the GB gather informationprocesses; that ruleson national, regional and international participation;and practices for stakeholder the effective and that it develop guidance for Article 9.2 (c). Furthermore, implementation of reports ofhe recommended that the compliance available toContracting Parties should be made also suggestedfarmers for their comments. He andthe establishment of an ombudsman forfunding adequate ensure to need the stressed in working groups and participation farmers’ Treaty. other processes under the International Parties he encouraged all Contracting Finally, participateto Rights Farmers’ endorse legally to in decision-making.
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 30 Global Consultation on Farmers’ Rights 2016 Establishing an 2) Establishing 1) The GoverningBodyisinvitedtoconsider: iii) ii) i) Body oftheInternational Treaty onPlantGeneticResourcesforFoodand Agriculture: The followingconstitutes the Co-Chairs’ summaryofrecommendations to theGoverning Norway andIndonesia. The theconsultation. at ofdiscussions recommendations will bepresentedtotheSeventhSessionofGoverningBodyby interpretation their reflecting summary a make without amandatetoadoptrecommendations, it wasagreedtorequesttheCo-Chairs participants, time limitation and the fact that some participants represented organizations list ofrecommendations to theGoverningBodyinthisregard.Duelarge numberof a identified also range ofissuesthat may affect the realization of Farmers’ They Rights,anddiscussedadraft Treaty’). International (‘the Agriculture and Food for Resources implementation of Farmers’ Rights,asaddressedintheInternational Treaty on Plant Genetic September 2016, shared views, experiences and examples of best practices related to the Participants at the Global Consultation on Farmers’ Rights at Bali, Indonesia, 27–30 The Co-Chairs’ of summary recommendations a) may include: implementation ofFarmers’ Rights. The termsofreferencefortheadhoc Working Group the International Treaty;the institutional framework necessaryfortherealization ofFarmers’ Rights,asprovidedin Calling upon all Contracting Parties to adopt legislation, build capacity and create the urgent as: in theimplementation Noting thatfurtherprogress of Article 9onFarmers’ Rightsis Governing Bodyatitssessionsin2007and2011; Ethiopia, in 2010,whichresulted in recommendations that were presented tothe Zambia, in 2007andtheGlobalConsultation on Farmers’ Rightsin Addis Ababa, Recalling also the Informal International Consultation on Farmers’ Rights in Lusaka, Body oftheInternational Treaty; Recalling Resolutions 2/2007,6/2009,6/2011, 8/2013and5/2015oftheGoverning farm-saved seed, subjecttonational law. realization of Farmers’ Rights, including the rightto save, use,exchange and sell Producing aninventory ofnational measures that may be adopted to enhance the d) c) b) a) means tomaintainidentityandtraditions. Farmers’ seedsystemsareembedded in local cultures and provideimportant in manycountries; parts oftheworld,andarethuscrucial to thefoodsecurity of local communities Farmers’ seedsystemsconstitute the backbone of agricultural production in many challenges inagriculture,suchasemerging pestsanddiseases; importance to agricultural productioninthelightofclimate change andother Farmers’ seedsystemsprovidereservoirs ofplant genetic resources ofgreat diversity; traditional knowledge,asfarmersarecustodiansandinnovatorsofcropgenetic essential fortheconservationandsustainableuseofcropgeneticresources Farmers’ RightsareacornerstoneintheInternational Treaty; theirrealizationis ad hocWorking GrouptoguideandassistContractingParties inthe
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Summary of presentations and discussions 31 Working ad hoc Working Working Group ad hoc Working to provide inputs about Farmers’ to provide inputs about Farmers’
Developing, in an inclusive and participatory manner, voluntary guidelines on the on guidelines voluntary manner, and participatory inclusive in an Developing, of view submissions in having level, national Rights at of Farmers’ realization other stakeholders. Parties and Contracting Requesting the Secretariat to provide organizational assistance to the to the assistance organizational to provide Secretariat the Requesting Group on Farmers’ Rights, in particular to effectively involve in their work farmers’ farmers’ in their work involve effectively to in particular Rights, Farmers’ Group on from all regions; other relevant stakeholders and organizations of the work the to to contribute Parties Contracting Inviting facilitating by and support financial and organizational offering by Rights Farmers’ on and other relevant stakeholders. organizations of farmers’ the participation of copies electronic with the Secretariat Parties to provide Inviting Contracting of the implementation to have adopted relating and other regulations they legislation Rights. Farmers’ to initiatives take to organizations relevant and Parties Contracting Encouraging Rights, to bring of Farmers’ on the realization convene biannual global consultations and indigenous farmers’ including policy-makers, together all relevant stakeholders, private and public consumers, scientists, officials, government organizations, peoples’ and the seed industry. organizations research institutions, civil society property seed laws, intellectual Parties to revise, as necessary, Calling on Contracting undue obstacles for space or create the legal that may limit laws and other legislation the realization of Farmers Rights. and legislation their in measures, including take to Parties Contracting Encouraging to plant is relevant knowledge that traditional policies, to protect and promote national nature its dynamic recognizing (PGRFA), resources for food and agriculture genetic that considers and the need for a holistic approach factors including livelihoods, cultures and landscapes. of farmers, of representatives the participation Adopting procedures to strengthen and conservation to the contribute that and indigenous communities as local as well International the to relating initiatives processes and in PGRFA use of sustainable Treaty. as approaches such Encouraging Contracting Parties to promote participatory breeding plant registries, participatory biodiversity seed banks, community community Rights. and seed fairs as tools for realizing Farmer’s Treaty of the International Instructing the Secretariat Rights to the Commission on Human Rights in the context of the ongoing negotiation of the context on Human Rights in the Commission Rights to the working in rural areas. of a UN declaration on the rights of peasants and other people about information provide to Treaty International of the Secretariat the Requesting of indigenous rights with the dealing to UN fora Rights, as appropriate, Farmers’ the on Declaration Nations United the 169, Convention ILO as the such peoples, Forum on Indigenous Rights of Indigenous Peoples, and the United Nations Permanent Issues. day to celebrate an annual international the United Nations to designate Recommending use of crop sustainable and conservation the to regions who contribute of all farmers of food security. genetic resources for food and agriculture and to the achievement and national international and other relevant governments Requesting the assistance of FAO national to support financial and technical of provision the in organizations Rights. for the realization of Farmers’ and organizations b) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14)
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Summary of presentations and discussions 33 Annexes
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 34 Global Consultation on Farmers’ Rights 2016 America andthe Caribbean, North AmericaandE The globalconsultation was attended by 97 participants from 37 countries from Africa, Asia, theNear Latin East, The consultation was co-chaired by Carlos Correa, Argentina, andRegine Andersen, Norway urope
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Summary of presentations and discussions 35 Contracting Parties and relevant organizations to take to take and relevant organizations Contracting Parties each Contracting Party that have not already done so, to consider reviewing and, not already done so, to consider reviewing and, each Contracting Party that have the recognition in the International Treaty of the enormous contribution that the enormous contribution that of the Treaty in the International the recognition 8/2013, and 2/2007, 6/2009, 6/2011 its Resolutions the Secretariat to engage Requests the Secretariat to at national, regional and global levels for exchanging initiatives to gather information and best practices on the implementation of Farmers’ knowledge, views, experiences ; Treaty 9 of the International Article Rights as set out in developing national action plans for the Invites each Contracting Party to consider subject to national legislation, in line Article 9, as appropriate, and implementation of Articles 5 and 6; with the implementation of Invites Rights, the realization of Farmers’ adjusting its national measures affecting if necessary, to protect and promote Farmers’ Treaty, Article 9 in the International as set out in Rights; and relevant organizations farmers’ Invites each Contracting Party to engage to the conservation and sustainable use of plant genetic stakeholders in matters related and consider their contributions to awareness raising resources for food and agriculture, and capacity building towards this aim; appropriate, Invites Contracting Parties to enhance interaction and coordination, as Article 9 of Rights as set out in institutions dealing with Farmers’ among the different and plant genetic resources for food and agriculture; Treaty the convene to take initiatives to Invites Contracting Parties and relevant organizations organizations, regional workshops and other consultations including with farmers’ the realization of for the exchange of knowledge, views and experiences to promote and present results at the next Treaty, Article 9 of the Rights as set out in Farmers’ session of the Governing Body; on Requests the Secretary to facilitate such initiatives upon request and depending available resources; subject to availability of financial resources, to prepare a study Requests the Secretary, Article 9 Rights as set out in on lessons learnt from the implementation of Farmers’ including policies and legislation; and invites Contracting Parties and Treaty, of the to submit their views and organizations, all relevant stakeholders, especially farmers’ implementation of experiences to derive examples as possible options for national Annex 1: Resolution 5/2015, Implementation of Article 9, 9, Article of Implementation 5/2015, 1: Resolution Annex Rights Farmers’ 2. 3. 4. 5. 6. 7. 8. Recalling 1. Recalling made, and will of all regions of the world have communities and farmers local and indigenous resources as the and use of plant genetic for the conservation, development continue to make, the world, agriculture production throughout basis of food and THE GOVERNING BODY, THE GOVERNING
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 36 Global Consultation on Farmers’ Rights 2016 18. 17. 16. 15. 14. 13. 12. 11. 10. 9. implementation ofthis Resolution. Requests theSecretarytoreport theGoverningBody, atitsSeventhSession,onthe resources, theimplementationofactivities foreseen inthisResolution; Calls uponContractingPartiesinapositiontodososupport, includingwithfinancial advance theimplementationoftheserights; set outin Article 9ofthe Treaty torelevantstakeholdersasanothernecessarymeasure Encourages theSecretarytoconductactiveoutreachon extentofFarmers’ Rightsas set outin Article 9oftheInternational Treaty, withinFAO fora; Requests theSecretarytoreportonrelevantdiscussions that relatetoFarmers’ Rights,as Treaty; representatives offarmers’ organizations toattendmeetingsundertheInternational as setoutin Article 9ofthe Treaty indevelopingcountries, andtoenablefarmers providing financialandtechnical Invites ContractingPartiesanddevelopmentcooperationorganizations toconsider FAO StrategyforPartnershipswithCivilSociety; as appropriateandaccordingtotheRulesofProcedure,givingdueconsideration continue toactivelyparticipateinitssessionsandrelevantinter-sessional processes, Appreciates Seventh SessionoftheGoverningBody; between theirrespectiveinstrumentsandthe Treaty andreportontheoutcomesto resources, finalizetheprocessforidentificationofpossibleareasinterrelations a participatoryandinclusiveprocess,asappropriatesubjecttoavailabilityof World Intellectual PropertyOrganization (WIPO)tojointly, andincludingthrough the InternationalUnionforProtectionofNew Varieties ofPlan(UPOV)andthe Requests theSecretarytocontinueengaging,inamutuallysupportivemannerwith Article 9ofthe Treaty; financial resources,tofinalizetheEducationalModuleonFarmers’ Requests theSecretary, inconsultationwiththeBureauandsubjecttoavailabilityof Article 9oftheInternational Treaty; Research (GFAR) andotherrelevantorganizations onFarmer’s Rightsassetoutin implement aJointCapacityBuildingProgrammewiththeGlobalForumon Agricultural Requests theSecretary, subjecttotheavailabilityoffinancialresources,launchand subject tonationallegislation; Parties toconsiderhowpromotethemfurtheratthenationallevel,asappropriateand Farmers’ Rightsassetoutin Article 9ofthe Treaty withaviewtoinviteContracting Decides toconsideratitsnextsessionsuccessstoriesinthenationalimplementationof study willbepresentedatthe7 Article 9onFarmers’ Rights,asappropriateandsubjecttonationallegislation. The theparticipationoffarmers’ organizations initsworkandinvitesthemto th sessionoftheGoverningBody; support fortheimplementationofFarmers’ Rights Rightsassetoutin
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Summary of presentations and discussions 37 Coffee is Coffee Farmers’ Rights Farmers’ PROGRAMME Global Consultation Global Consultation 27-30 September 2016, Bali, Indonesia 27-30 September Farmers’ group: Subak Guama. Visiting paddy-seed breeder organized by organized breeder paddy-seed Visiting Subak Guama. group: Farmers’ cooperative farmers’ formed also have They group “Subak Guama”. farmers’ Subak Guama” who business. manage the paddy-seed Program: namely “KUAT discussion; and Presentation group; farmers’ of head the from speech Welcome facilities for paddy-seed breeding. Field visit to paddy fields and Luwak Ayu Taman Gianyar. in Coffee” Luwak Ayu “Taman to Trip that aim to introduce not only conventional one of the agro-tourism destinations product. main as their Luwak Coffee” but also the “Probiotic Luwak Coffee by licensed of IAARD and has been invention is the Luwak Coffee Probiotic process of is produced through adopting the digestive This coffee this company. in the of microbes of the isolation are the result microbes The probiotic Luwak. uses only it processing, product In this of Luwak. appendix and intestine small can witness the traditional Participants thus chemical-free. ingredients, natural processing of Balinese people, and also can find of collection local herbal coffee plants and fruits in the garden. Program: Enjoying a cup of Probiotic Luwak Luwak Coffee. Ayu Taman to Visit and tea; Presentation and discussion of the and other types of coffee Coffee in the resources collection genetic plant processing and local coffee traditional factory outlet. Visiting garden; to Jimbaran Trip Sunset and welcome dinner reception at Jimbaran restaurant. Return to hotel. Departure from the hotel. Trip to “Subak Guama“ in Tabanan. in to “Subak Guama“ Trip Departure from the hotel.
Consultation the Global of 2. Programme Annex Rights on Farmers’ 13:00 12:00 Lunch 14:30 16:00 17:30 19:30 09:00 10:30 Field excursion Tuesday 27 September 2016 Tuesday
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 38 Global Consultation on Farmers’ Rights 2016 09:00 Session 1:Openingsession Buenos Aires,Argentina of University Director, CenterforInterdisciplinaryStudiesonIndustrialPropertyandEconomics, Co-chairs: Ms.Regine Andersen, Director, Oikos-Organic NorwayandMr. CarlosCorrea, Wednesday 28September2016 11:30 11:20 informal seedsystemsand theirroleinensuringfoodsecurity. genetic resourcesandthemanagementof diversity, thevalueoffarmers’ varietiesand recognition? This sectionwillexploreexamplesoffarmers’ contribution totheconservationof the conservationanddevelopmentofplantgenetic resources. What istherationaleforthis the localandindigenouscommunitiesfarmers havemadeandwillcontinuetomakefor The ContractingPartiestotheInternational Treaty recognisetheenormouscontributionthat Session 2: Why Farmers’ Rightsmatter 10:35 10:20 10:00 09:30 09:20 09:10 Genetic ResourcesforFoodand Agriculture Opening address byMr. ShakeelBhatti Local seed suppliessavinglife - howfarmers’ varieties contribute to food Ethiopia Mr. Tadesse Reta , farmer, Ethiopia Why localcommunities appreciate localvarietiesand localseedsystemsin conference Presentation round with exchange of hopesand expectations for the and Food,Norway by Agricultural Research and Development, Ministry of Agriculture, Indonesia and Resources ResearchandDevelopment (ICABIOGRAD), Indonesian Agency for Researcher, Indonesian Centerfor Agricultural Biotechnology and Genetic Background andPurposeoftheConference byMr. MuhamadSabran Tea andcoffee break Norway Regine Andersen, Director,Implementation byMs. Oikos–Organic Norway, Farmers’National Evolution oftheInternationalPolicy Debateand Rights: and Development,Ministryof Agriculture, Indonesia Andi M.Syakir,DirectorGeneral,Indonesian Agency for Agriculture Research Welcome address byMr.Yufdi, Prama Executive Secretary, onbehalfofMr. Welcome address byMr. StigTraavik, Ambassador toIndonesia,Norway Ms. Svanhild-Isabelle Batta Torheim, Senior Advisor, Ministry of Agriculture , Secretary, International Treaty onPlant
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Summary of presentations and discussions 39
Mr. José Esquinas-Alcázar, by Mr. , Coordinator of COASP - Comite Ouest Africain des Semences Africain des Semences Ouest - Comite COASP , Coordinator of What are the most frequently mentioned challenges? Results from the global Results from mentioned challenges? the most frequently What are Secretariat the ITPGRFA Mario Marino, survey by Mr. Africa the at identified challenges – resources financial and raising Awareness Réglementation Azenaku, Director, Francis Leku by Mr. Region pre-consultation Cameroon et du Contrôle de Qualité des Intrants et des ProduitsAgricoles, , Foundation for , Foundation Gomez Marvin by Mr. change climate of in times security Honduras (FIPAH), Farmers Honduran with Research Participatory quantum the necessary system providing seed supply – farmers’ Seed clubs SEARICE, Philippines Ignacio, Director, by Ms. Nori of seeds by seeds of quality as producers – farmers systems seed of farmers’ role The Bolivia , Fundación PROINPA, Ms. Ximena Cadima clarification Questions for Omer , by Mr. of GRFA networks and dynamic management Farmers Seeds Agoligan Paysannes, Benin local farming systems by Ms. Teresa governance to strengthen Territorial Agricultura, Chile , Ministerio de Teare Agüero food of genetic diversity for as ultimate sources Varieties Farmers Some illustrative examples production. Sciences (UNIGS) International University of Gastronomic clarification Questions for Discussion up of Session 2 Wrap break and coffee Tea 16:30 16:40 What are the challenges for the realization of Farmers’ Rights? This session will address Rights? What are the challenges for the realization of Farmers’ seed laws and intellectual often mentioned challenges such as rules and regulations, including traditional attention given to farmers’ degrees of property laws, as well as the different investments. During discussions, the plans and donors’ management system in governments’ the realization of Farmers’ participants are invited to identify further challenges that impact Rights. Session 3: Challenges and experiences regarding the realization of Farmers’ Rights of Farmers’ the realization Session 3: Challenges and experiences regarding 14:00 11:40 11:50 12:00 12:15 12:25 12:35 12:45 13:00 Lunch 15:30 16:00
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 40 Global Consultation on Farmers’ Rights 2016 15:00 14:00 13:00 Lunch 10:00 09:40 09:30 09:20 09:10 09:00 Thursday 29September2016 19:00 17:40 17:30 17:10 17:00 16:50 Tea andcoffee break Wrap upofSession 3 Discussions Questions for clarification Varieties ofPlants(UPOV) Yolanda Huerta,Legal Counsel, Provisions for farmers in thedifferent Acts oftheUPOV ConventionbyMs. Network Rights? A viewfrom civilsocietybyMs. Are there contradictions between Farmers’ Rights andPlant Breeders’ Coordinator IPC Working Group Agriculture Biodiversity, France implementation ofFarmers’ Rights?ByMr. GuyKastler,La Via Campesina, EU regulation andnewbreeding techniques:whichlegalframeworkfor Netherlands Findings ofaneightcountrystudy What are theimpactofseedpoliciesandlawonfarmers’ seedsystems? Dinner (hostedbyGlobal Alliance fortheFutureofFood) Questions for clarification CBD’s experiences(videopresentation)by Research andDevelopment(IAARD),Indonesia Indonesian Socio-Economic Policy Studies(ICASEPS), Agency for Agricultural Surono Danu,farmerandMr. ErizalJamal,IndonesianCenterfor Agricultural National policyonFarmers’ Rights–experiencesfrom IndonesiabyMr. Kea, theHeadofRiceSeedManagementandDevelopmentOffice,Cambodia Government Programs andPolicies:ExperiencesinCambodia Recognizing and Addressing Farmers’ RightstoSeedsthrough from Examples for Biodiversity, South participation? Africa insufficient Southern andEastern with Africa. Ms.HaideeSwanby,researcher, Africa Centre development Policy (with 15mincoffee/tea break)
International Union fortheProtection of New byMr. BertVisser, Oxfam,the Mr. JohnScott, Sangeeta Shashikant, Third World CBDSecretariat by Mr. Kong
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Summary of presentations and discussions 41 , Association ,
Ethiopian Biodiversity Institute, , Ethiopian Biodiversity Institute, Mr. Marciano Toledo Da Silva Toledo Marciano by Mr. Director, , Director, Delessa Angassa by Mr. Mr. Sergio Romeo Alonzo Recinos Alonzo Romeo Sergio Mr.
, Bioversity International Ronnie Vernooy Mr. MPA, Brazil and global spokesperson on seed issues, La Via Campesina Via and global spokesperson on seed issues, La Brazil MPA, Showing the Svalbard the seeds in depositing farmers Andes: potato film from Association the , Director, Argumedo Alejandro by Mr. Vault, Global Seed ANDES, Peru clarification Questions for Secretariat) Dinner (hosted by the ITPGRFA Including Farmers’ Rights in the revision of seed legislation – recent – recent legislation of seed in the revision Rights Including Farmers’ by , Guatemala in experiences of Organizations from the Cuchumatanes, (ASOCUCH), Guatemala from the Cuchumatanes, (ASOCUCH), of Organizations Genetic of Crop Seed-Banks in Conservation The Role of Community Experience of Ethiopia The Resources- Directorate Crop and Horticulture Biodiversity Ethiopia seed systems. farmers’ – strengthening Participatory plant breeding , Local Initiatives for Pitambar Shresta Nepal by Mr. Lessons from Development (LI-BIRD), Nepal Research and Biodiversity, plant variety Alternative sui generis systems for Designing for Tools South Centre; University of Advisor, Special Carlos Correa, Mr. protection Buenos Aires, Argentina clarification Questions for the – strengthen Production and Organic Agroecology for National Policy seeds in Brazil development of peasants’ Tea and coffee break and coffee Tea success their for the world – preconditions Community seed banks around 17:50 18:10 19:00 16:00 This section will give examples of how different aspects of Farmers’ Rights are realised Rights are realised aspects of Farmers’ different of how will give examples This section areas on how the to identify will also strive The session the world. parts of in different strengthened. Rights could be of Farmers’ realizations Session 4: Possible ways forward 4: Possible Session 16:10 16:20 16:30 16:40 17:40 17:00 17:30 by
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 42 Global Consultation on Farmers’ Rights 2016 09:20 19:00 Dinner 18:30 18:15 15:00 14:30 13:00 09:50 09:40 09:30 09:10 09:00 Friday 30September2016 Farmers’ rightstoparticipateindecisionmaking Embassy ofSwitzerland,Jakarta Finalisation oftheconsultation Closing addresses elaboration ofrecommendationstotheGoverningBody. Summary oftheconsultationsMainpointsfromdifferent sessionsand Wrap upofSession4 Lunch Discussions Questions for clarification Posada, Consultant,GlobalForumon Agricultural Research(GFAR) Rights: theJointCapacityBuildingProgramme byMs.JuanitaChaves Joining effortstodevelopcapacityfor thefullimplementationofFarmers’ APBREBES/ DirectorofProgrammes, Third World Network by security –experiences from Swisssupportedprogram inSouthern Africa The integrationofFarmers’ Rightsperspectives in regional program of food Community Technology Development Trust (CDTD),Zimbabwe Gigi Manicad, need for voluntaryguidelines.Lessonsfrom aglobalprogramme, byMs. Possible stepsfor nationalimplementationofFarmers’ Rights–the Mr.
Martin Stottele (with 15mincoffee/tea break) Oxfam, theNetherlandsand , HeadofEconomic Development Cooperation(SECO), Mr. Andrew Mushita,Director, by Ms.Yoke LingChee ,
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Summary of presentations and discussions 43 La Via Campesina, India Via La Program Advisor, Ethio Organic Seed Action (EOSA) Seed Ethio Organic Advisor, Program Embassy of Norway, Norway Embassy of Norway, NAFRI, Laos Director, Asociacion Andes, Asociacion Andes, Director, Peru Min. of Agricultural Development, Nepal Agricultural Min. of Scientific Advisor, Oxfam Novib, Netherlands Advisor, Scientific [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]; [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Email: Seed Policy Advisor, Oxfam Novib, Netherlands Advisor, Bram de Jonge, Seed Policy Email: Borgar Olsen Tormodsgard, Borgar Olsen Tormodsgard, Email: Bounthong Bouahom, Babu Vinayak Chandji Abhilash, Bert Visser, Email: Email: Email: Indonesian Center for Agricultural Biotechnology Research and Development, Agricultural Asmawati, Indonesian Center for IAARD, Indonesia Email: Gebremichael, Bayush Tsegaye Ethiopia Email: GRULAC/Brazil Ministério das Relações Exteriores, Brazil Antonio Otavio Sa Ricarte, Ministério das Relações Exteriores, Anil Acharya, Kumar Email: Email: Executive Director, Community Technology Development Trust (CTDT), (CTDT), Trust Development Technology Community Executive Director, Mushita, Andrew Zimbabwe Email: Alejandro Argumedo, Argumedo, Alejandro Annex 3: List of Participants Participants of List 3: Annex
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 44 Global Consultation on Farmers’ Rights 2016 Email: Elenita Dano,ETCGroup, Asia, Philippines Email: Guatemala Edgar Antonio GonzalesHernandez,Leader, Movimento Agroecologico deLatino America Email: Development, IAARD,MoA,Indonesia Utami, WikanDwinita Email: Indonesia Dwi Hayanti,Centerfor Agriculture Extension,DGof Agriculture HumanResources Email: Delgado Moreno Rober Elio,La Via Campesina,Colombia Email: Institute, Ethiopia Kussa, Delessa Angassa Email: Deepa Shresta Singh,SeniorScientist,Nepal Agriculture ResearchCouncil,Nepal Email: Agriculture (CGRFA), FAO, Rome,Italy Dan Leskien,SeniorLiaisonOfficer, CommissiononGeneticResourcesforFoodand Email: Chouaki Salah, Email: Chandra Indrawanto, Chaiyarat Baramee,LaViaCampesina, Thailand Email: Economics, UniversityofBuenos Aires, Argentina Carlos Correa, Director, CenterforInterdisciplinaryStudies,onIndustrialPropertyand [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]; [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Treaty National FocalPoint, Algeria Deputy DirectorforCollaboration,IAARD,Indonesia Indonesian Centerfor Agriculture BiotechnologyResearchand Director forCropandHorticultureDepartment,EthiopianBioversity
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Summary of presentations and discussions 45 Director of Regulation and Quality Control of Agricultural Plants Control of Director of Regulation and Quality Head of Policy and Information Department, The Development Fund, The Development Department, Policy and Information Head of Bureau of Plant Industry, Department of Agriculture Philippines Department of Industry, Bureau of Plant Senior Programme Manager, Oxfam Novib, Netherlands Senior Programme Manager, UN Permanent Forum on Indigenous Issues, Cameroon [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Email: France La via Campesina, Coordinator IPC Working Group Agriculture Biodiversity Group Working La via Campesina, Coordinator IPC Guy Kastler, Email: Gigi Manicad, Email: Zambia Graybill Munkombwe, National Plant Genetic Resource Center, Gervais Nzoa, Email: Email: La Via Campesina, Indonesia Via Arifin Zainal, La Fuat Email: International and Public Affairs Manager, GNIS, France Manager, Affairs Francois Burgaud, International and Public Email: and Products (DRCQ), Ministry of Agriculture and Rural Development (MINADER), Agriculture and Rural Development of and Products (DRCQ), Ministry AFRICA/Cameroon Francis Leku Azenaku, Fauzy, Farmer from NTB Province, Indonesia Fauzy, Email: Center for International Cooperation, MoA, Indonesia Farah Diba, Center for International Cooperation, Email: Indonesia Elin Cecilie Ranum, Elin Cecilie Elvira D. Morales, Email: Protection Variety for Plant Ewin Suib, Deputy Director Email: Norway
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 46 Global Consultation on Farmers’ Rights 2016 Email: Laurent Gaberell, Email: Canada Lauren Baker, StrategicInitiativesandProgrammes,Global Alliance fortheFutureofFood General Directorateof Agriculture. CambodiaEmail: Kong Kea,Head,RiceSeedManagementandDevelopment Office,DepartmentofRiceCrop, Email: Colombia Juanita Chaves,Consultant,GlobalForumon Agricultural Research(GFAR) Email: TanmayJoshi Sunanda, Email: José Esquinas-Alcázar, FormerSecretaryoftheInternational Treaty onPGRFA Email: Jati MunigheSoorasena,La Via Campesina,SriLanka Email: Indonesia Istriningsih, Indonesian Agency For Agricultural ResearchandDevelopment Irsan SuryaImana, Email: Indonesia Widhi Arsanti, Idha Email: Iran Hanieh Moghani,Legal Advisor, CenterforSustainableDevelopment(CENESTA) Email: South Africa Haidee Swanby, Researcher, African CentreforBiodiversity [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Berne Declaration, Switzerland Farmer fromProbolinggo,Indonesia Indonesian CenterforHorticultureResearchandDevelopment,IAARD La Via Campesina,India [email protected]
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Summary of presentations and discussions 47 ZanvaZamin, Tajikistan ZanvaZamin, [email protected] Executive Secretary of IAARD, Indonesia Secretary of Executive Head of Economic Development Cooperation (SECO), Embassy of Head of Economic Development Foundation for Participatory Research with Honduran Farmers (FIPAH) Foundation for Participatory Research [email protected] [email protected] [email protected]; [email protected]; [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]; [email protected] [email protected]; [email protected] [email protected] Email: Mukhabbatkhon Mamadalieva, Switzerland Email: Michael Keller, Secretary General, International Seed Federation (ISF) Michael Keller, Email: Chipata District Farmers’ Association, Zambia Michael Banda, Chipata District Farmers’ Email: Email: Africain des Comite Quest - Agoligan, Coordinateur, Richard Metogbe Omer SemencesPaysannes (COASP), Benin Italy International Planning Committee for Food Sovereignty/IPC Conti, International Planning Committee Mauro Email: Director of Indonesian Center for Agriculture Biotechnology Research and Agriculture Biotechnology Koeshadi, Director of Indonesian Center for Mastur Development, IAARD, Indonesia Email: Marvin Gomez, Honduras Email: Martin Stottele, Switzerland, Switzerland Email: Movimento do pequenosAgricultores, Brazil Da Silva, Movimento do pequenosAgricultores, Toledo Marciano Indonesian Farmers Assosiation, Indonesia M. Rivai, Indonesian Farmers Email: Email: M. Prama Yufdy, La Via Thailand Campesina, La Via Pingtong, Lekan
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 48 Global Consultation on Farmers’ Rights 2016 Email: Regine Andersen, Email: Philippines Raul SocratesC.Banzuela,AsianFarmers Association forSustainableRuralDevelopment Email: Human Resources,Indonesia Ranny MutiaraChaidirsyah,DeputyDirectorfor Agriculture Extension, DGof Agriculture Email: IAARD, Indonesia Puji Lestari, Email: Pitambar Shrestha, LI-BIRD,Nepal Email: Patrick Kasasa,Community Technology Development Trust (CTDT),Zimbabwe Nyoman Sura,HeadofFarmerfrom Tabanan, Indonesia Email: Development, IAARD,MoA,Indonesia Nurul Hidayatun,IndonesianCenterfor Agriculture BiotechnologyResearchand Email: Indonesia IAARD Subekti, Argo Nuning Email: Normita Ignacio,ExecutiveDirector, SEARICE,Philippines Nengah Mawan,KTNA Bali,Indonesia Email: Delma Wellington,Ndhlovu [email protected] [email protected]; [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Indonesian Centerfor Agricultural BiotechnologyResearchandDevelopment, Director, OikosOrganic Norway, Engebretsvei3N-0275Oslo,Norway Indonesian CenterforFoodCropsResearchandDevelopment, La Via Campesina, Zimbabwe
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Summary of presentations and discussions 49 , Ministry of Agriculture and Farmers Welfare, India Welfare, Agriculture and Farmers Ministry of Third World Network, Malaysia World Third La Via Campesina, Indonesia Campesina, Via La La Via Campesina La Via ASOCUCH9a Avenida 7-82 Zona 1, Chiantla, Huehuetenango, Guatemala 7-82 Zona 1, Chiantla, Huehuetenango, Avenida ASOCUCH9a Farmer from Lampung Province, Indonesia Ambassador to Indonesia, Norway Coordinator - Genetic Resources, Land Resources Division, Pacific Community Coordinator - Genetic Resources, Land Resources Division, Pacific [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]; [email protected]@mfa.no [email protected] [email protected] Valerie Tuia, Tuia, Valerie Email: Farmer, Ethiopia Reta Dadi, Farmer, Tadesse Sangeeta Shashikant, Email: Email: Association Belgium European Seed Affairs, and Legal Szonja Csörgõ, Director IP Email: Sago Indra Eka, Sago Indra Eka, Email: Research and Agriculture Socio and Economic Sahat Pasaribu, Indonesian Center for Development, IAARD, Indonesia Email: Sergio Alonzo, Email: Shri Sellapillai Selvaraj, Email: Stig Traavik, Email: Danu, Surono +6285269233066 Fiji Rusdiana Dea, Rusdiana Dea, Email: [email protected] Email: Bioversity International Headquarters – Rome, Italy Headquarters – International Bioversity Email: Ronnie Vernooy National Biodiversity Centre (NBC), Bhutan (NBC), Centre Biodiversity National Dorji, Rinchen
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 50 Global Consultation on Farmers’ Rights 2016 Vivi Feriani, Email: Senior ProgrammeOfficer, CBDSecretariat,Montreal,Canada John Scott Via Email: Plants (UPOV),Switzerland Yolanda Huerta,LegalCounsel,InternationalUnionfortheProtectionofNew Varieties of Email: Andinos (PROINPA) Bolivia Ximena Cadima,Researcher, FundaciónparalaPromocióneInvestigacióndeProductos Email: Greenpeace Southeast Asia, Philippines Wilhelmina Pellegrina, Wayan Atmaja, Email: Video [email protected] [email protected] [email protected] [email protected] [email protected] Ministry ofForegin Affairs, Indonesia Head ofFarmergroupKUAT Guama, Tabanan, Indonesia Regional Coordinator, FoodandEcological Agriculture Campaign,
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Summary of presentations and discussions 51 Indonesian Center for Agriculture Biotechnology Research and Biotechnology Agriculture Center for Indonesian Indonesian Agency For Agricultural Research and Development Agricultural Research and For Agency Indonesian Director of Center for Agriculture Plant Variety Protection, Indonesia Protection, Variety Agriculture Plant for Director of Center [email protected] [email protected] [email protected] Technical Officer, ITPGRFA Secretariat, FAO, Rome, Italy Secretariat, ITPGRFA Officer, Technical Mary Jane Ramos Dela Cruz Email: [email protected] Email: [email protected] Technical Officer, ITPGRFA Secretariat, FAO, Rome, Italy Secretariat, ITPGRFA Officer, Technical Mario Marino Email: [email protected] Email: [email protected] Secretary of the ITPGRFA Shakeel Bhatti ITPGRFA Secretariat: ITPGRFA Email: [email protected] Senior Advisor, Ministry of Agriculture and Food, Norway Ministry of Advisor, Senior Svanhild-Isabelle Batta Torheim Seta R Agustina, Email: Norway: Erizal Jamal, Email: Muhamad Sabran, Muhamad Email: Indonesia: Indonesia: MoA, Indonesia IAARD, Development, Organizers
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 52 Global Consultation on Farmers’ Rights 2016 The GoverningBodyshould: participants at theConsultation Annex 4.The gross list of recommendations suggested by 7. 6. 5. 4. 3. 2. 1. 1 consultation agreed nottostrivereachconsensus ontheserecommendations. the wide range ofpossible actions for strengthening the realisation of Farmers’ Rights. The participants at the global list ofrecommendations, This isthegross of whichnotallwere discussedindetail. The purpose ofthislististoshow implementation ofFarmersRights. Request theSecretariat to workwithfarmersorganizations to draftamodel law onthe Farmers’ Rights. should compilenationalpolicyandlegislation supportive oftheimplementation of effectively consult stakeholdersinall regions. As abasisforthiswork,theSecretariat provide organizational assistance to theCommittee, where needed, in particular to organizations and civil society organizations; and should request the Secretariat to create an Ad Hoc Working Group,whichshouldincluderepresentatives of farmers’ Develop aProtocol for theimplementation of Farmers’ Rightsandforthat purpose for addressinggaps/obstaclesinimplementationofFarmers’ Rights. Appoint aSpecialRapporteur/ombudsman facility under the Treaty civil societyorganisations. implementation of Farmers’ RightstoContracting Parties,farmers’ organisations and charged with providing information, technical assistance and capacity building on the Request theSecretarytoestablishaFarmers’ RightsUnitwithintheSecretariat engagement inrelevantnational,regionalandinternationalprocesses. challenge the realisation of Farmers’ Rights,and(3)theimportance of active farmers’ civil societyorganisations inrespectof(1)theirrights,(2)developments that may capacity-building of farmers support financially and enhance to agencies donor and Parties Contracting Encourage and seedindustry. officials, government scientists, consumers,publicandprivate research institutions,civil society organisations organization, farmer’s policy-makers, including stakeholders, national, regional and international consultations to bring together all relevant Encourage Contracting Parties and relevant organisations to take initiatives to convene levels. events about the International Treaty and Farmers’ Rights at regional and international Request the Secretary in collaboration with relevant partners to organise awareness raising (especially of small-scale farmers) by farmer groups and 1
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Summary of presentations and discussions 53 Support, strengthen and provide mechanisms for seed exchange, sharing, saving, sharing, saving, exchange, for seed mechanisms and provide Support, strengthen of application the without farmers among and between and sales multiplication Rights. Intellectual Property Provide an overview of possible political, rights. Farmers’ from when implementing choose to select can parties contracting financial and legal measures that approaches such Assist to apply participatory countries wishing to do so, on how and participatory registries, biodiversity community seed banks, as community plant breeding and seed fairs. farmers’ strengthen also that policies seed develop on how to guidance Provide protection. variety of options for plant overview should provide They seed systems. a. b. c. d. Develop guidelines on the realization of Farmers’ Rights at the national level, with with level, the national at Rights Farmers’ of realization on the guidelines Develop provisions relevant through be realized can Rights Farmers’ on how emphasis particular Group, Working through an ad hoc this be done that recommended It is Treaty. of the support the Governing Group to Working into a permanent be converted which could The process Rights. of Farmers’ in their realization Parties assisting Contracting Body in inclusive. and transparent, participatory should be The guidelines should rights on farmers’ of these implication parties to bear in mind the Contracting Encourage to contribute to the global genetic pool. livelihoods and their ability to continue in nature, seed systems are different and farmers’ Recognise that formal seed system such, there is a need to ensure legal space for each to but are complementary and, as national the at PGRFA of use sustainable and conservation the contribution to make its level. property laws and other parties to revise seed laws, intellectual contracting Encourage seed farmers’ and varieties farmers’ for space legal sufficient ensure to measures national systems. information property rights on genetic of intellectual Call for and promote the prohibition resources in Multilateral genetic resources, in particular in plant genetic contained Treaty. of the Access and Benefit-Sharing System on in should Rights Farmers’ implementing in Parties Contracting the that Recommend save, use, to freely and sustainable farmers ensure that the rights of small-scale particular is varieties, of IP-protected including material, seeds and propagating and sell exchange safeguarded. urgency, of as a matter and promote, to protect governments national Encourage the and nature dynamic its recognising PGRFA, to relevant that is knowledge traditional livelihoods, cultures and approach that considers factors including need for a holistic places. 9. 10. 11. 12. 13. 14. 8.
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 54 Global Consultation on Farmers’ Rights 2016 24. 23. 22. 21. 20. 19. 18. 17. 16. 15. authorities including appointingNational RegistrarsforFarmers Rights. for implementing Farmers Rights. These could include village, district and national level Encourage Contracting Parties toestablishrelevant andcompetent national structures policies. achieving food,seedandnutritionsecurity, when theyreviewtheirnationalagricultural breeding, communityseedbanks,andaccess togoodqualityseedsasstrategiesfor Encourage ContractingPartiestoinclude capacity building,participatoryplant farmers. especially small-scalefarmers,shouldbeurgently reviewedwiththeparticipationof laws thathavebeenformulatedwithoutor withlimitedinvolvementoffarmers, marketing and certification seed and property intellectual including laws and policies making onseedpoliciesandlawsatthenational,regionalinternationallevels. Seed Call uponnationalgovernmentstoensuretheparticipationoffarmersindecision- sustainable useofplantgeneticresourcesforfoodandagriculture. the realization offarmer’s priorities, needs andchallenges related to conservation and farmer-ledthat facilitate nationalframeworks multi-stakeholder consultations towards Acknowledging theneedforFarmerparticipation in decision-making, support establishing distribution. 6.2(g) andindecision-making on the regulation of variety release, registration and seed Encourage nationalgovernmentstoinvolvefarmersinthereviewsprovidedfor Article organisations. effective participationoffarmers’ representativesandpublicinterestcivilsociety human rightsandbuildsonthegoodpracticesofUNsystem withfull Develop guidancefortheeffective implementationof Article 9.2 thatiscoherentwith Convention onBiologicalDiversity. with CivilSocietyOrganisations, theCommittee on Worldand the FoodSecurity(CFS) could drawongoodpractices inotherforumssuchastheFAO Strategy for Partnership in Treaty-related meetings, processesandinitiatives. Such mechanisms and procedures Adopt mechanisms andprocedurestoinstitutionalise and strengthen farmers’ participation technically, organizationally andfinancially. Encourage all Contracting parties to establish and/or supportcommunity seed banks promote farmers’ accesstoPGRFA, includingmaterialundertheMultilateral System. Encourage national governments, including through theirFocalPoints,toactively participatory plantbreedingasanexampleofbestpractisesuchcollaboration. to PGRFA, providedthattheseexchangesareconsistent with Article 9,acknowledging and scientistsencouragethemutualexchangeofknowledgepracticesrelevant Encourage national governments topromotecollaboration between localcommunities
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Summary of presentations and discussions 55 • to request the Secretariat of the Treaty to compile national legislation relating of inventory an produce to order in rights, farmers’ of implementation the to all to French available Spanish and in English, translated legislation national Article to effect give to legislation domestic adopt and wishing to develop Parties 9; • to call upon all Parties to adopt domestic legislation, build capacity and create rights farmers’ of enjoyment full the for necessary framework institutional the and foreseen in the ITPGRFA; of implementation the to relating legislation have already which Parties invite to • electronic copies of it. rights to provide the Secretariat with farmers’ Call upon all Parties to adopt domestic legislation, build capacity and create the the and create build capacity legislation, domestic to adopt all Parties upon Call as foreseen rights of farmers’ enjoyment the full for necessary framework institutional in the ITPGRFA; rests with rights farmers’ and implement to give effect responsibility The primary the law of into domestic The incorporation Treaty. as Parties to the national governments different to the to give effect require adoption of legislation Article 9 may provisions of rights - protection, benefit sharing and participationdimensions inof decision- farmers’ put in have already Some countries circumstances. national with - in accordance making who have Parties to those a reference serve as which might effect that to legislation place Hence, it might be useful: not yet done so. due to inappropriate in cases of crop failure to farmers compensation Consider including compensation Such Treaty. Plant the in addressed Right Farmers’ the in seeds and varieties seed regulation. could be provided for in national under the products to be integrated of farmers’ to fair price right a Consider including farmer’s right of the Treaty which justifies the eminent contribution of farmers for the food security. seed such as community approaches participatory adopt to Parties Contracting Encourage breeding and seed fairs as plant registries, participatory biodiversity banks, community seed response for addressing to farmer as well as farmer tools/approaches, appropriate right of the treaty. farmer’s Parties, with a of Contracting seed legislation Study options for provisions in national in order for the improvement of national legislation view to providing recommendations to allow for a balanced regulation for all types of seeds. to the relating legislation national to compile Treaty of the Secretariat the Request legislation national of inventory an produce to order in rights, farmers’ of implementation and wishing to develop Parties all to Spanish and French available in English, translated Article 9; to adopt domestic legislation to give effect of farmers’ implementation to the relating legislation have Parties which already Invite rights to provide the Secretariat with electronic copies of it. 26. 27. 28. 29. 30. 31. 32. 25.
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AND AND ENETIC ENETIC tional G tional FOOD FOOD PLANT PLANT FOR FOR Interna ON ON he he T 56 Global Consultation on Farmers’ Rights 2016 42. 41. 40. 39. 38. 37. 36. 35. 34. 33. on therealization ofFarmers’ Rights. organizations in the provision of technical and financial support to national governments Prioritise andrequest the assistanceofFAOand otherrelevantinternational resources and traditional knowledge is obtained from indigenous peoples rules sharing benefit for theseinitiatives must ensurethatpriorinformed consent(PIC)foruseofgenetic equitable and Fair treaties. international of obligations other sharing and access data by governed be must and to sequence data is treated as equivalent to physical access to genetic resources, Ensure that genetic sequence data initiatives such asDivSeekmustrequire that Rights. conservation and sustainable use ofPGRFA, as well as the implementation of Farmers oligopolistic control over seedsand pesticides and their potential impact on the Express its concern about the ongoing mergers of giant companies that constitute on Farmers’ Rights. ensure that their instruments and activities are infullharmonywiththe implementation Urge regionalandinternational organizations andprocessestorespectFarmers’ Rights in relationto WIPO andUPOV andsuggestpotentialwaystoresolveany conflicts. Continue to identify and address potential impacts on the realisation of Farmers Rights set outin Article 9oftheInternational Treaty; Agricultural Research(GFAR) andotherrelevantorganizations onFarmer’s Rightsas implementation oftheJointCapacityBuildingProgrammewithGlobalForumon Requests theSecretary, subjecttotheavailabilityoffinancialresources, to continuethe participatory mechanismsandprocessescoherentwithprinciplesofhumanrights. making processes and activities legally establish andinstitutionalise farmers’ rightofparticipation in theirdecision- Encourage otherregionalandinternational organisations andprocessestorecognise, rights totheongoingprocessondevelopingadeclarationpeasants’ rights. Request theSecretary to providerelevant information about thetreaty and Farmers’ Agriculture atthelocal,regionalandinternationallevels. implementation of the International Treaty on Plant Genetic Resources for Foodand and appropriation the facilitate to Paris Agreement the Desertification; against Combat Convention on Biological Diversity; Nagoya Protocol; United Nations Convention to of the World Conference on IndigenousPeoples; Sustainable Development Goals; 169; United Nations Declaration on the Rights of Indigenous Peoples; Final Document Strengthen thecommunication with theinternational bodies listedbelow:ILOConvention already (UNDRIP), adopted by all signatory countriesoftheInternational Treaty. Recognize the UnitedNationsDeclaration on theRightsofIndigenousPeoples building on the good practices of the UN system for gemns ht noe h benefit the invoke that agreements and farmers. access and
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Summary of presentations and discussions 57 in the work of the Governing Body, including its inter-sessional work and work inter-sessional its including Body, Governing of the work the in in the work of the Governing Body, including in its inter-sessional work and in its inter-sessional including in the work of the Governing Body, Ensure adequate, predictable and timely funding to implement farmers’ right to right farmers’ to implement funding timely and predictable adequate, Ensure participate may be held. meetings that consultations and relevant in systems seed farmers’ for support prioritise will Fund Benefit-sharing the that Ensure use of PGRFA. to the conservation and sustainable order to contribute proportional payments mandatory by financed be will Fund Benefit-sharing the that Ensure seeds. and biologically non-reproducible to the sales of legally varieties of farmers’ of products the marketing Parties to support Encourage Contracting fair pricing of such products. and promote the of to adopt policies to promote on-farm management Encourage Contracting parties funding through the national and secure and agriculture crop genetic resources for food budgets for these policies. to Rights Farmers’ implement to funding timely and predictable adequate, Ensure participate that may be held. relevant consultations and meetings 44. 45. 46. 47. 48. 43. FOR MORE INFORMATION CONTACT: International Treaty on Plant Genetic Resources for Food and Agriculture Food and Agriculture Organization of the United Nations Viale delle Terme di Caracalla • 00153 Rome • Italy Tel: +39 0657053441 • Fax: +39 0657056347 E-mail: [email protected] www.planttreaty.org www.fao.org/plant-treaty