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FARMERS' RIGHTS IN
ITPGRFA:
New resolution on Farmers'
Rights under the International Treaty
A new resolution on
Farmers' Rights marks a substantial step forwards for the international
understanding of the importance of these rights and for their realization. Here
you can read about the contents of the new resolution, the negotiations that
led to its adoption, and how the resolution can be implemented. You will also
find links to central documents and relevant information.
A
new resolution on Farmers' Rights was
adopted at the Third Session of the Governing Body of the International Treaty
on Plant Genetic Resources for Food and Agriculture (Plant Treaty) in Tunis on
4 June 2009. The new resolution marks a substantial step forwards for the
implementation of Article 9 of the Plant Treaty. This is not only due to the
contents of the resolution (see below), but also because of the broad consensus
that was reached among the Contracting Parties at an early stage in the
discussions of the proposed text.
The issue of Farmers' Rights has been
a difficult topic at earlier Governing Body
sessions, and at the Second Session of
the Governing Body in 2007, there was substantial resistance among several
industrialised countries against the resolution text proposed by the developing
countries (G77 and China). Only through intense negotiations in a contact group
was it possible to arrive at a consensus text in that session.
At this Third Session, however, the situation had changed. The only substantial
resistance against the resolution came from Canada, whereas all other
Contracting Parties were largely united. This may indicate an emerging joint
understanding of the crucial importance of Farmers' Rights for the
implementation of the Plant Treaty as well of central contents and challenges
in this regard.
The 2009-resolution was proposed by Brazil on behalf of
Africa, Latin America and the Caribbean. It has 10 preambular paragraphs and 5
operational paragraphs (see full text here). These are the tasks that the
Governing Body has embarked on through the 5 operational paragraphs:
Task 1: Reviewing and adjusting seed regulations and other
measures Through the resolution, the Governing Body "invites
Contracting Parties to consider reviewing and, if necessary, adjusting its
national measures affecting the realization of Farmers' Rights as set out in
Article 9 of the International Treaty, to protect and promote Farmers'
Rights". This means that Contracting Parties should consider reviewing
their seed regulations and other measures affecting Farmers' Rights,
particularly if these are affecting Farmers' Rights to save, use, exchange and
sell farm-saved seed important to enabling farmers to continue to conserve and
sustainably use plant genetic resources for food and agriculture. Read why
here >.
Task 2:
Contracting Parties and organizations to submit views and
experiences In the resolution, the Governing Body "encourages
Contracting Parties and other relevant organizations to continue to submit
views and experiences on the implementation of Farmers' Rights as set out in
Article 9 of the International, involving, as appropriate, farmers'
organizations and other stakeholders". This means that Contracting Parties
and other relevant organizations that have not already submitted their views
and experiences should do so in due time before the next session of the
Governing Body. Also Contracting Parties and other relevant organizations that
have already submitted, and have gained new views and experiences in the
meanwhile, may submit their contributions to the Secretariat. The Farmers'
Rights Project considers making available on this website a form based on our
research on the operationalization of Farmers' Rights, as informal guidance to
Contracting Parties and other relevant organizations on what to report. Read
why here >.
Task 3:
Convening regional workshops on Farmers' Rights In the resolution,
the Governing Body "requests the Secretariat to convene regional workshops
on Farmers' Rights, subject to the agreed priorities of the Programme of Work
and Budget and to the availability of financial resources, aiming at discussing
national experiences on the implementation of Farmers' Rights as set out
Article 9 of the Plant Treaty, involving, as appropriate, farmers'
organizations and other stakeholders". To enable the implementation of this
task, Contracting Parties and other stakeholders are advised to ensure that the
Secretariat has the sufficient financial resources to convene such regional
consultations. In light of its limited capacity, the Secretariat may also
consider linking up with relevant institutions to carry out this task. Read why
here >.
Task 4:
Further involvement of the Secretariat towards the fourth Governing Body
Session Through the Resolution, the Governing Body "requests the
Secretariat to collect the views and experiences submitted by Contracting
Parties and other relevant organizations, and the reports of the regional
workshops, as a basis for an agenda item for consideration by the Governing
Body at its Fourth Session, and to disseminate relevant information through the
website of the International Treaty, where appropriate". The input that is
submitted to the Secretariat from Contracting Parties, relevant organizations
and stakeholders as well as from regional workshops, will be decisive for the
quality of the preparations of the Secretariat, and thus for the next steps of
the Governing Body in terms of Farmers' Rights. It would be useful if all
submissions are submitted in due time before the Fourth Session, so that they
can be made available by the Secretariat at the Treaty website. It would also
be useful if the agenda item for this session is prepared in the form of a
working document, possibly with elements of a draft resolution - as derived
from the submissions. Read why here
>.
Task 5: Involvement of farmers' organizations
Through the Resolution, the Governing Body "appreciates the
involvement of farmers' organizations in its further work, as appropriate,
according to the Rules of Procedure established by the Governing Body". The
farmers' organizations has provided important input to the Governing Body
through their participation at the first two sessions. As farmers are closest
to explaining their situation and needs with regard to the conservation and
sustainable use of crop genetic resources as well as to Farmers' Rights, their
continued participation is vital to the further work of the Governing Body.
Farmers' organizations can participate at Governing Body Sessions as members of
country delegations or as observers, and have different possibilities of
influencing decision making processes in the Governing Body through such
participation. Read more here >.
The 2009 resolution has great potentials for the realization of
Farmers' Rights: If Contracting Parties review and, if necessary, adjust their
seed regulations and other national measures to promote Farmers' Rights and
thereby enable farmers to continue to conserve and sustainably use crop genetic
diversity, this would in itself represent a major step forwards. If they report
on this and other experiences and views regarding Farmers' Rights to the
Governing Body, this will provide a solid basis for identifying further steps
at the Fourth Session. Also regional workshops will be instrumental in
promoting the realization of Farmers' Rights at the national level, as well as
promoting input to the Governing Body. If the Secretariat makes all submissions
and reports from the regional workshops available on the internet, it will
facilitate the exchange of experiences across countries and regions and enable
external analysis of potential further steps - which could feed into the
Secretariats own preparations for the agenda item on Farmers' Rights at the
Fourth Session. The participation of farmers' organizations at the Fourth
Session will be important to decision making on further steps to protect and
promote Farmers' Rights.
Note to readers: During the
discussion on Farmers' Rights many statements were made by Contracting Parties
as well as non-governmental organizations, including farmers' organizations. We
are collecting these statements here, as far as possible. So far the list is
not exhaustive (see below under relevant links and documents), and we hope to
gather many more statements. All help in this regard is
most welcome.
Read more
about:
Side-event on Farmers'Rights:
Challenges, Success Stories and Ways Forward
Information and
documents on agenda item 13: sustainable use (Art.
6)
Relevant links and documents:
Text of the new resolution
on Farmers' Rights
Before and after versions of
the contested paragraph of the new resolution on Farmers' Rights
Paper to the Governing Body from
the Farmers' Rights Project: State of knowledge
Views and experiences submitted to the Governing Body
before and after 31 August 2008
Results of an Online conference
on Options for Farmers Rights
Note on the implementation of
Farmers' Rights submitted by France
Note on the implementation of
Farmers' Rights submitted by Norway
Statement made by
Surya Adhikari from Nepal during the discussion on Farmers' Rights
Statement made
by Luis Alonso Meza from Honduras during the discussion on Farmers'
Rights
Statement made by Norway during the
discussion on Farmers' Rights
Homepage of the Plant
Treaty
Pages in this
sub-section:
FARMERS' RIGHTS IN ITPGRFA
On the International
Treaty
Central provisions on
Farmers' Rights
Follow-up
in the Governing Body of the Treaty
The Benefit-Sharing Fund of the
International Treaty
New resolution on Farmers' Rights under the
International Treaty
Little progress on sustainable use at the Third
Session of the Plant Treaty
Global Consultations on Farmers' Rights
The Fourth Session of the
Governing Body
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