Global Information System

Number of records: 233

196) Recognizing farmer’s rights to freely save, use, exchange and sell farm-saved seed/propagating material of protected varieties in Plant Variety Protection laws

Several developing countries such as Ethiopia, India, Malaysia and the Philippines have developed their own sui generis plant variety protection (PVP) systems, which comply with the demands of the TRIPS Agreement of the WTO as well as implements farmers´ right to freely save, use, exchange and sell farm-saved seed/propagating material. In 2001, India passed the Protection of Plant Varieties and Farmers´ Rights Act stating that a farmer shall be entitled to save, use, sow, re-sow, exchange, share or sell his farm produce including seed of a variety protected under the Act in the same manner as s/he was entitled before. Likewise, the Ethiopian Plant Breeders Right Proclamation from 2006 grants farmers the right to save, use, multiply, exchange and sell farm-saved seed or propagating material of protected varieties. The Philippine and the Malaysian law have other articles promoting the farmers’ rights to freely save, use, exchange and sell farm-saved seed/propagating material of protected varieties in plant variety protection laws. This shows that it is feasible to implement an effective PVP system that also recognizes farmers’ right to freely save, use, exchange and sell farm-saved seed/propagating materials.

Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

Type of measure/practice: Legal

197) A human rights impact assessment of the UPOV 1991 plant variety protection

Between 2012 and 2014, a network of seven civil society organizations conducted a study to better understand and raise awareness of the potential implications of the 1991 Act of the UPOV Convention for the realization of human rights. Based on the policy tool Human Rights Impact Assessment (HRIA), a methodology was developed to assess such implications based on a series of case studies. They revealed that from a human rights perspective, UPOV’s restrictions on the use, exchange and sale of seed/propagation material of protected varieties could adversely affect the right to food as well as other human rights, by reducing the amount of household income which is available for food, healthcare or schooling as well as by limiting access to seed of preferred quality; beneficial interlinkages between formal and informal seed systems would be cut off. Other negative impacts include limitations to the farmers’ rights on the protection of traditional knowledge and to participate in decision-making at national level. While the case-studies were carried out in Kenya, Peru and the Philippines, the developed methodology could be used as a basis for impact assessments in other countries and contexts as well.

Category: 11.Other measures / practices

Type of measure/practice: Others

198) Draft national legislation on plant genetic resources in Sudan (2016)

The proposed national legislation on plants drafted in 2011 by a task force of technical and legal experts formed by the Ministry of Agriculture and Forestry. The draft legislation was then submitted to the concerned authorities in the Ministry of Justice in 2016 for further procedures and to the cabinet of ministers for approval. The draft legislation is aimed at: conservation and sustainable use of PGRFA to enhance food security and other public goods; facilitate access to PGRFA; equitable and fair sharing of benefits arising from the use of the PGRFA; and protection of farmer and community rights related to PGRFA. Chapter V, Section 35 refers specifically to the protection of Farmers’ Rights. It allows registration of new plant varieties developed and cultivated by farmers and protection of traditional knowledge associated with PGRFA. It further includes provisions on equitable sharing of benefits arising from the use of PGRFA and enables farmers to participate in decision-making at the national level in relation to the conservation of PGRFA and on conservation, use, exchange and sale of seeds and propagating materials of farmers' varieties. The draft legislation, once enacted, would realize Farmers’ Rights.

Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

Type of measure/practice: Legal

199) Participatory plant breeding to develop and release millet varieties for rain-fed areas of Sudan

Participatory plant breeding trials were conducted between 2010 and 2012 under the supervision of plant breeders of three agricultural research stations in traditional rain-fed areas of Kordofan and Darfur States of Sudan, with the aim to develop and release improved millet varieties for these areas. The trial consisted of two varieties co-developed by a farmer called Wad el-Bashir based on his local varieties of millet in collaboration with a plant breeder from Elobied research station, and a released variety called ‘Ashana’. The resulting varieties were registered under the name of the farmer Wad el-Bashir as type of non-monetary benefit-sharing. The registration of local farmer-developed varieties has enabled the commercial production and marketing of these varieties and allowed to produce and distribute seed on a legal basis. These achievements have led to an increase of the cultivation area of millet, which has resulted in a significant improvement in food security nationally.

Category: 1.Recognition of local and indigenous communities’, farmers’ contributions to conservation and sustainable use of PGRFA, such as awards and recognition of custodian/guardian farmers

Type of measure/practice: Technical; Administrative

200) Establishing community-based Seed Growers Groups (SGGs) to produce certified seeds of improved and traditional varieties

Establishment of Community-based Seed Growers Groups (SGGs) was one key activity of the Seed Development Project, which was implemented between 2012 and 2018 based on cooperation between government organizations and authorities of North and South Kordofan States with responsibilities in the areas of seed and plant genetic resources, together with several public and private sector partners, such as service providers and local extension teams. The objective was to increase crop productivity of smallholder farmers through adoption of certified seeds of crops grown under rain-fed conditions in both states. The Project had four complementary and reinforcing components: (1) strengthening the regulatory environment and relevant government institutions; (2) enhancing the performance of the seed production system by providing the necessary support; (3) market development, including through support to farmers’ groups and associations and private sector enterprises providing relevant technologies, goods and services; and (4) project management. 17 community-based SGGs including 853 farmers (38% women) were established and enabled to produce certified seeds of improved and traditional varieties; produced seed is sold to seed companies, neighbors and farmers in other areas of Sudan, such as West Kordofan and Darfur. These achievements have resulted in a significant improvement in food security nationally.

Category: 6.Facilitation of farmers’ access to a diversity of PGRFA through community seed banks, seed networks and other measures improving farmers’ choices of a wider diversity of PGRFA.