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BEST PRACTICES:
Successful advocacy for Farmers' Rights in
Nepal
Capacity-building is often a precondition for
increased participation of farmers in decision-making processes. In this
example from Nepal we will see how capacity-building among farmers, NGOs and
the population in general, through networking and alliance-building, resulted
in successful advocacy in relation to the protection of Farmers'
Rights.
When Nepal was at the final stage of WTO accession in 2003,
the United States exercised pressure on Nepal to adopt the UPOV model of plant
breeders' rights as part of the WTO requirement to comply with Article 27.3 (b)
of the TRIPS Agreement. South Asia Watch on Trade, Economics & Environment
(SAWTEE), a regional network launched in 1994 by a consortium of South Asian
NGOs, took action to counterbalance this pressure after the concerned ministry
in Nepal approached the network for technical inputs concerning the demands
from the USA. SAWTEE operates through its secretariat in Kathmandu and has 11
member institutions from five South Asian countries: Bangladesh, India, Nepal,
Pakistan and Sri Lanka. The overall objective of SAWTEE is to build the
capacity of concerned stakeholders in South Asia in the context of
liberalization and globalization. This is done by equipping them with
knowledge, information and skills so that they are able to voice their
concerns. SAWTEE works with government institutions, the private sector, NGOs,
farmers' and community groups, and community-based organizations. Farmers are
involved through participation in project activities, including those relating
to advocacy and during consultation meetings for the design of
activities.
SAWTEE's advocacy work against Nepalese membership of UPOV
was part of its 'Farmers' Rights to Livelihood in the Hindu-Kush Himalaya
Region' project (FRP), which seeks to develop policy and institutional
mechanisms to protect Farmers' Rights in the five member countries through
advocacy, research, sensitization, capacity-building, information
dissemination, networking and alliance-building. The mission of FRP is to
protect the livelihoods of farmers by creating a favourable policy environment
in its member countries. In connection with the implementation of FRP, SAWTEE
has entered into partnerships with a range of national, regional and
international organizations, such as public research organizations, Bioversity
International, MS Swaminathan Research Foundation, International Centre for
Integrated Mountain Development (ICIMOD) and LI-BIRD.
When the issue of joining the WTO surfaced in the late 1990s, the
general attitude in Nepal was one of scepticism. SAWTEE, however, was strongly
in favour of WTO membership due to their belief in the multilateral trading
system and in its importance for developing countries. In their opinion, the
WTO trading system provides a degree of certainty in terms of market access,
while the enforcement of a rule-based trade regime increases transparency. It
was also felt that the provisions on transit rights were important for a
landlocked country like Nepal. Judging that Nepal's interests would be best
served by WTO membership, SAWTEE therefore worked with a number of
stakeholders, including government officials at the Ministry of Industry,
Commerce and Supplies and the Ministry of Agriculture, to inform stakeholders
and develop a proactive national agenda for the country's integration into WTO.
At the same time SAWTEE was highly critical to the bilateral trade negotiations
Nepal would have to attend in addition to the multilateral ones, and the
'WTO-plus' conditions they feared Nepal would be pressured to agree to by the
other member countries of WTO as part of these bilateral agreements. In
particular SAWTEE was very much against Nepal becoming a member of UPOV, as
they felt this would be detrimental to farmers.
Working to avoid UPOV
membership SAWTEE organized a series of events and published various materials
under its protest campaign Say No to UPOV. As part of this campaign,
SAWTEE provided the Nepalese authorities with information on the negative
implications of UPOV membership for the traditional agricultural systems in
Nepal. In addition it worked closely with the Nepalese negotiators during the
final accession negotiations with WTO in Geneva, to enable them to fend off the
pressure to join UPOV. The network also launched advocacy and information
dissemination programmes in cooperation with other NGOs under the umbrella
organization National Alliance for Food Security in Nepal (NAFOS) (NAFOS is a
loose network of more than 20 NGOs working in Nepal on the issues of food
security and rural development, many of which work with farmers. SAWTEE is the
national secretariat of this alliance). A collection of articles highlighting
why a country like Nepal should not adopt plant variety protection based on the
UPOV model was published in various newsletters and in the leading national
dailies. In order to create a wider range of pressure groups and make the
campaign more effective, SAWTEE also distributed two posters, one in English
and one in Nepali, with the clear message: Say No to UPOV. The
circulation of these posters helped to sensitize stakeholders, particularly the
various farmers' groups and their leaders. NAFOS also organized a press
conference that was attended by all the leading media institutions as well as
farmers' groups, lawyers and other stakeholders. This press conference received
considerable media coverage, and was also brought to the attention of the US
representative in Geneva.
Ultimately, SAWTEE succeeded in helping the
Nepalese negotiators to fend off the pressure, and Nepal decided not to become
a member of UPOV. According to SAWTEE, Nepal's refusal to do so has sent a
message to the international community that the country is not likely to
compromise the rights of its farmers, even under a high level of
pressure.
The main success in this case was that the NGO network with
SAWTEE managed to convince the Nepalese authorities not to join UPOV. Thus, the
form of regulation on plant breeders' rights that was recommended by US
diplomats could be avoided. This success was achieved mainly through advocacy
work and networking. By spreading knowledge and information and advocating
their position, SAWTEE demonstrated how capacity-building can be essential for
participation in decision-making processes.
From this example we learn
that NGOs can play a meaningful role in influencing public opinion - as seen in
Nepal both from the way SAWTEE managed to convince numerous stakeholders that
WTO membership was necessary and from the way the network used advocacy in its
work against UPOV membership for Nepal. To succeed with advocacy work, in the
opinion of SAWTEE, it is essential to work with the authorities, in particular
to provide them with suggestions and information; to gain strong public
support; and to make use of the media in the entire capacity-building and
sensitization process. The main lesson is that much can be done through
networking. The inclusion and active participation of a wide range of
stakeholders in a broad network is often necessary when advocating a certain
position. According to SAWTEE, many organizations lack the tools needed for
working together. SAWTEE feels that its strength lies in the groundwork it has
invested in capacity building, networking and alliance-building at the local,
regional and international levels.
(This text is based on information
provided by Kamalesh Adhikari, Research Director at South Asia Watch on Trade,
Economics & Environment (SAWTEE), some of which can also be found in the
SAWTEE Policy Brief on UPOV, nr. 5, 2003)
Pages in this sub-section:
SUCCESS
STORIES ON PARTICIPATION IN DECISION MAKING
Successful advocacy
for Farmers' Rights in Nepal
Assessing Farmers`
Rights in Malawi |
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