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Farmers' Rights Views, Experiences and Best Practices as an example of possible options for the national implementation of Article 9 of the International Treaty Submitted by Contracting Parties and Relevant Organizations Note by the Secretary This document presents the views, experiences and best practices on the implementation of Farmers’ Rights, as set up in Article 9 of the International Treaty submitted by Southeast Asia Regional Initiatives for Community Empowerment (SEARICE) on 26 July 2018. The submission is presented in the form and language in which it was received. List of Documents Received 1. Frequently Asked Questions (FAQs) on Community Registry 2. Farmers’ Rights 3. Proceedings of International Farmers Technical Conference 4. Policy brief on climate change in Vietnam 5. SEARICE’ Contribution to Sustainable Use of Plant Genetic Resources 6. Farmers’ Rights in International Law 7. Farmers’ Rights as Human Rights 8. Exploring the legal terrain for Farmers’ Rights Advocacy and PGR conservation and development use 9. Community protocol 10. 10. Farmer-bred varieties: finding their place in the seed supply system of Vietnam 11. Voices from the fields 12. Women breeders FAQ’s FAQ’s FREQUENTLY ASKED QUESTIONS ABOUT COMMUNITY REGISTRY Southeast Asia Regional Initiatives for Community Empowerment Unit 328 Eagle Court Condominium # 26 Matalino St. Diliman Quezon City, PHILIPPINES 1101 Tel/fax: +632 9226710 Phone: +632 4332067 / 4337182 Email: [email protected] URL: www.searice.org.ph FAQ’s FAQ’s FREQUENTLY ASKED • Wilhelmina Pelegrina • Paul Pedro Borja QUESTIONS ABOUT THE EDITORIAL BOARD COMMUNITY REGISTRY • Corazon de Jesus Jr. • Retchel Sasing • Vincent Malasador This booklet aims to provide basic information • Catherine Segovia • Merigine Otara • May Pinton to the reader about community registry as one WRITERS of the many options that could be established in the protection of farmers’ varieties from mo- • Maria Golda Mier Hilario • Corazon de Jesus Jr. nopoly rights as exemplified in intellectual EDITORS property rights, or plant patents and plant va- riety protection systems. This publication does • Lea Gatpandan not provide awareness and information alone; LAY-OUT ARTIST it brings forth the issues and situations that farmers are facing, and that have continu- • Roger Villar ously trampled on their rights. COVER DESIGN The information contained in this publication has been shared and consulted with the farmers and communities of Bohol and North Cotabato , Philippines. This publication should not be reproduced for commercial purposes without the permission of the publisher; however, it may be reproduced in whole or in part for educational or non-profit purposes provided the source is acknowledge. The editorial board would appreciate receiving a copy of any material wherein this publication appears FAQ’s FAQ’s nity protocol, under which the community may decide that all materials under registry must not be applied with any form of IPR. In a move by the farmers’ organizations in Bohol and soon in Mindanao, What is Farmers’ Rights? the farmers made sure that the rest of the community knows about rd their initiative, and that in the case of 3 party transfers, application for IPR is non-negotiable. Farmers’ rights has been defined by the UN FAO 1 as “rights arising from the past, present and future contribution of farmers in conserving, im- … seed exchange under a Community Protocol becomes restricted? proving and making available plant genetic resources, particularly those in the centres of origin/diversity.” 1 Such rights are deemed inherent to There should be no restriction, except in saying that any form of IPR farmers and essential, especially for resource-poor farmers, to their eco- should not be applied on the materials and knowledge obtained from nomic survival where they depend on farm-saved seeds for production. the community. Free sharing and exchange should still govern but abso- lutely no IPR application. The concept of Farmers’ Rights have become enshrined in the Interna- tional Treaty of Plant Genetic Resources for Food and Agriculture … the materials in the Community Registry originate or come from outside (ITPGRFA). Chapter 3, Article 9 of the ITPGRFA defines farmers rights the community? as the “protection of relevant traditional knowledge, equitable participa- tion in the sharing of benefits derived from the use of PGRFA, and the A community registry does not lay claim or ownership over materials participation in national decision-making related to their conservation that have not been developed by the farmers in that particular commu- and sustainable use”. This provision, however, is subject to national nity; recognition is still due to the organization or institution or farmer legislation. It will all depend on whether the national government recog- who has developed it. Listing and documenting that the variety can be nizes this right and provides measures to protect them, or totally ig- found in that community is not the same as claiming ownership. nores it and instead gives favors to stakeholders, such as industries and corporations, where economic return becomes very attractive. What can we do to support the farmers and communities who have initiated Community Registry? What threatens Farmers’ Rights? Farmers and farming communities who have heard of the community registry have already requested for orientations and discussions on how they can also replicate the models in their own areas. The information Seeds have become a valuable component of trade, and thus it is no and experiences should continue to be shared. The farmers who have longer the farmers alone who make a stake at it. Public research institu- initiated the community registry continue to strengthen the system, and tions and private seed companies have become instrumental in the de- conduct discussions and consultations with other members of their com- velopment and improvement of seed varieties. With the growing num- munities on how the community registry works. ber of stakeholders, the inherent right of farmers to access and control the seed have decreased, and the role of farmers have become minor. We can do our part by also sharing the information on community regis- In addition, there are policies and regulations that are more favorable to try, and emphasize how this model will strongly oppose IPRs on seeds. trade and investment rather than to the farmers. These policies pose a We should let policy makers know that there is a strong support to up- hold the rights of farmers. 1 UN FAO Resolution on Farmers’ Rights (FAO Resolution 5/89), during the 25 th Session of the FAO Conference in Rome in 1989 8 1 FAQ’s FAQ’s major threat to farmers’ rights since it does not only provide a legal en- vironment for investors and private companies to proceed with their operations, it further grants these companies monopoly over the only Will the Community Registry affect the component that farmers can hold on to. existing cultural practices of a The Plant Variety Protection (PVP) Act of the Philippines, passed into community, since it is a new system and law by Pres. Gloria Arroyo in June 2002, is one such policy that threat- ens farmers’ rights to plant genetic resources and undermines the no- not coming from within? tion of PGR as common heritage. The PVP Act sets down restrictions on It should not affect the cultural practices and values in a community. farmers’ rights to save, use, sell, and exchange seeds of varieties cov- Part of the task and responsibility of organizations is to make sure that ered by PVP claims. the community registry model should be as close to the cultural prac- tices of the community as possible. The community also changes, even The Act basically prohibits farmers from doing improvement on and fur- the cultures governing them. It is not to say that the culture of the ther selection from protected varieties since “essentially derived varieti- 2 community should be taken for granted, but as the changes in the es ” are also covered by PVP protection. Moreover, the Act allows for world move so quickly, the cultures in a community become more than PVP claims on plant varieties that are “discovered,” which basically open susceptible to it. If we allow these fast-paced changes in the world up traditional and farmers’ varieties to possibilities of misappropriation shatter the culture of a community without batting an eyelash, then and monopolization. what good does development work do? If they adapt to these changes, instead, and we provide them means and options to cope with the A system to protect the seeds from monopoly rights at the community changes without necessarily disrupting their cultures, or even conform- level becomes necessary, as farmers are slowly beginning to realize the ing with their way of life, then the communities will not be as vulner- threats to their right. able. What is the basis for selecting which to What is a Community Registry? protect under the CRS and which not to protect? The community registry is an instrument to stop Intellectual Property 3 Rights (IPR) by putting community materials and knowledge in the There should be no discrimination on what to place under the commu- public domain. It does not claim ownership nor does it places plant va- nity registry; as long it is present in the community and the farmers rieties under a strict and monopolistic property right. Above all else, it have been planting it, it should be recognized as public material and no recognizes that the origin and developer
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