Copyright Material – Provided by Taylor & Francis Michael Halewood Edited by ISSUES IN AGRICULTURAL BIODIVERSITY ver the last 50 years there has been a growing appreciation of the important role that farmers play in the development and conservation of crop genetic diversity, and the Ocontribution of that diversity to agro-ecosystem resilience and food security. This book examines policies that aim to increase the share of benefits that farmers receive when others use the crop varieties that they have developed and managed, i.e., ‘farmers’ varieties’. In so doing, the book addresses two fundamental questions. The first question is ‘how do farmer management Farmers’ Crop Varieties and Rights practices – along with other factors such as environment and the breeding systems of plants – affect the evolution and maintenance of discrete farmers’ varieties?’ The second question is ‘how can policies that depend on being able to identify discrete plant varieties accommodate the agricultural realities associated with the generation, use and maintenance of farmers’ varieties?’ This focus on discreteness is topical because there are no fixed, internationally recognized taxonomic or legal definitions of farmers’ varieties. And that presents a challenge when developing policies that involve making specific, discrete farmers’ varieties the subject of legal rights or privileges. The book includes contributions from a wide range of experts including agronomists, anthropologists, geneticists, biologists, plant breeders, lawyers, development practitioners, activists and farmers. It includes case studies from Asia, Africa, Latin America and Europe where, in response to a diversity of contributing factors, there have been efforts to develop policies that provide incentives or rewards to farmers as stewards of farmers’ varieties in ways that are sensitive to the cultural, taxonomic and legal complexities involved. The book situates these initiatives in the context of the evolving discourse and definition of ‘farmers’ rights’, presenting insights for future policy initiatives Farmers’ Crop Varieties and Michael Halewood is a senior scientist and leader of the Genetic Resources Policies, Institutions and Monitoring Group at Bioversity International, Rome, Italy. Farmers’ Rights CHALLENGES IN TAXONOMY AND LAW EDITED BY Michael Halewood ENVIRONMENT & SUSTAINABILITY / Cover photos: (clockwise from top) Bhuwon Sthapit, Bioversity International; FAO/Giulio Napolitano; Francesco Finocchio, Bioversity International; IRRI AGRICULTURE & FOOD / LAW Photos/Samjhana Shrestha www.routledge.com Routledge titles are available as eBook editions in a range of digital formats Copyright Material – Provided by Taylor & Francis Farmers’ Crop Varieties and Farmers’ Rights Over the last 50 years there has been a growing appreciation of the important role that farmers play in the development and conservation of crop genetic diversity, and the contribution of that diversity to agro-ecosystem resilience and food security. This book examines policies that aim to increase the share of benefits that farmers receive when others use the crop varieties that they have developed and managed, i.e., ‘farmers’ varieties’. In so doing, the book addresses two fundamental questions. The first question is ‘how do farmer management practices – along with other factors such as environment and the breeding systems of plants – affect the evolution and maintenance of discrete farmers’ varieties?’ The second question is ‘how can policies that depend on being able to identify discrete plant varieties accommodate the agricultural realities associ- ated with the generation, use and maintenance of farmers’ varieties?’ This focus on discreteness is topical because there are no fixed, internationally recognized taxonomic or legal definitions of farmers’ varieties. And that presents a chal- lenge when developing policies that involve making specific, discrete farmers’ varieties the subject of legal rights or privileges. The book includes contributions from a wide range of experts including agronomists, anthropologists, geneticists, biologists, plant breeders, lawyers, devel- opment practitioners, activists and farmers. It includes case studies from Asia, Africa, Latin America and Europe where, in response to a diversity of contribut- ing factors, there have been efforts to develop policies that provide incentives or rewards to farmers as stewards of farmers’ varieties in ways that are sensitive to the cultural, taxonomic and legal complexities involved. The book situates these initiatives in the context of the evolving discourse and definition of ‘farmers’ rights’, presenting insights for future policy initiatives. Michael Halewood is a senior scientist and leader of the Genetic Resources Policies, Institutions and Monitoring Group at Bioversity International, Rome, Italy. Copyright Material – Provided by Taylor & Francis Issues in Agricultural Biodiversity Series editors: Michael Halewood and Danny Hunter This series of books is published by Earthscan in association with Bioversity International. The aim of the series is to review the current state of knowledge in topical issues associated with agricultural biodiversity, to identify gaps in our knowledge base, to synthesize lessons learned and to propose future research and development actions. The overall objective is to increase the sustainable use of biodiversity in improving people’s well-being and food and nutrition security. The series’ scope is all aspects of agricultural biodiversity, ranging from conservation biology of genetic resources through social sciences to policy and legal aspects. It also covers the fields of research, education, communication and coordination, information management and knowledge sharing. Published titles: Crop Wild Relatives A manual of in situ conservation Edited by Danny Hunter and Vernon Heywood The Economics of Managing Crop Diversity On-Farm Case studies from the Genetic Resources Policy Initiative Edited by Edilegnaw Wale, Adam Drucker and Kerstin Zander Plant Genetic Resources and Food Security Stakeholder perspectives on the International Treaty on Plant Genetic Resources for Food and Agriculture Edited by Christine Frison, Francisco López and José T. Esquinas Crop Genetic Resources as a Global Commons Challenges in international law and governance Edited by Michael Halewood, Isabel López Noriega and Selim Louafi Community Biodiversity Management Promoting resilience and the conservation of plant genetic resources Edited by Walter S. de Boef, Abishkar Subedi, Nivaldo Peroni and Marja Thijssen Copyright Material – Provided by Taylor & Francis Diversifying Food and Diets Using agricultural biodiversity to improve nutrition and health Edited by Jessica Fanzo, Danny Hunter, Teresa Borelli and Federico Mattei Community Seed Banks Origins, evolution and prospects Edited by Ronnie Vernooy, Pitambar Shrestha and Bhuwon Sthapit Farmers’ Crop Varieties and Farmers’ Rights Challenges in taxonomy and law Edited by Michael Halewood Copyright Material – Provided by Taylor & Francis Copyright Material – Provided by Taylor & Francis Farmers’ Crop Varieties and Farmers’ Rights Challenges in taxonomy and law Edited by Michael Halewood Copyright Material – Provided by Taylor & Francis First published 2016 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 711 Third Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2016 Bioversity International All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Farmers’ crop varieties and farmers’ rights : challenges in taxonomy and law / edited by Michael Halewood. pages cm. — (Issues in agricultural biodiversity) Includes bibliographical references and index. 1. Plant varieties—Protection. 2. Agrobiodiversity conservation—Law and legislation. 3. Farmers—Legal status, laws, etc. 4. Agriculture and state. I. Halewood, Michael, 1963– editor. K3876.F37 2016 343.07'6—dc23 2015036553 ISBN: 978-1-84407-890-5 (hbk) ISBN: 978-1-84407-891-2 (pbk) ISBN: 978-1-84977-566-3 (ebk) Typeset in Bembo by Apex CoVantage, LLC Copyright Material – Provided by Taylor & Francis Contents Notes on contributors xi Acknowledgements and dedication xiv 1 Farmers’ varieties and farmers’ rights: challenges at the crossroads of agriculture, taxonomy and law 1 MICHAEL HALEWOOD AND ISABEL LAPEÑA PART I Dynamism in the field: factors affecting the evolution and maintenance of distinct traits in farmers’ varieties 25 2 Technical challenges in identifying farmers’ varieties 27 JEREMY CHERFAS 3 The farmer’s role in creating new genetic diversity 43 CARLO FADDA PART II Case studies at the interface of farmer variety enhancement efforts and national policies 57 4 Leveraging the successful participatory improvement of Pokhareli Jethobudho for national policy development in Nepal 59 PRATAP KUMAR SHRESTHA 5 Promoting policy support for the enhancement