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BEST PRACTICES:
Assessing Farmers' Rights in
Malawi
To ensure the participation of farmers in relevant
decision making processes it is often necessary to increase the awareness of
both farmers and decision makers regarding the various issues related to
Farmers' Rights and their impact on agricultural production. There are
different matters and stages in the decision-making processes where farmer
participation could be envisioned. Domestic implementation of the International
Treaty, as well as the drawing up of national laws and regulations with an
impact on the conservation and development of crop genetic resources are among
the processes relevant in this regard. A maximum degree of participation would
be ensured if farmers were included when these laws are developed as well as
when they are implemented. A good starting point to promote the participation
of farmers in these processes would be to assess the current situation and make
farmers more aware of the various laws, policies and political processes that
affect their livelihoods and their agricultural practices. This is what was
done in this case from Malawi.
In Malawi, the non-profit
organization Centre for Environmental Policy and Advocacy (CEPA) has been
running a project where the goals were to increase the awareness of different
stakeholders regarding Farmers' Rights and review the implementation and
understanding of policy and legislation relevant to Farmers' Rights. Working on
issues related to the management of natural resources and a sustainable
environment, CEPA focuses on facilitating policy formulation, analysis and
implementation in these areas. Their project assessing the implementation of
policies and legislation related to Farmers' Rights in Malawi was research
based, had a national scope, and was carried out between August and November
2007. Prior to this project CEPA had worked on Access and Benefit Sharing, and
this work provided valuable background information. The project had three
objectives; to assess the impact of agro-biodiversity related policies on
Farmers' Rights: to assess the impact of the commercial seed sector on
smallholder farmers: and to increase the awareness of policy makers, farmer
organizations, traditional leaders and civil society organizations on the issue
of Farmers' Rights and the relationship between these rights and agricultural
production. To achieve these objectives CEPA conducted a desk study reviewing
the existing policies, legislation and literature dealing with agriculture,
biodiversity and food security, and developed a checklist to be used in their
consultations with farming communities and other relevant stakeholders. After
having identified the communities from five different districts that would
participate in the case study interviews and awareness programmes, as well as a
collection of stakeholders from the seed industry, the plant breeding industry,
farmer organizations and institutions working on conservation of
agro-biodiversity and Farmers' Rights that would take part in consultations,
CEPA conducted the case studies and consultations and published the findings in
a policy brief. The policy brief was then disseminated to various
stakeholders.
The
involvement of farmers was central to this project; their opinions formed the
basis for the resulting report, with about 15 farmers visited and interviewed
during the process. One of the participating farmers accompanied the Executive
Director of CEPA to Rome when the report was presented at a side event at the
second session of the Governing body of the International Treaty, and the
report was also presented at the National Farmers Technical Conference in 2007.
This conference attracted around 60 farmers.
One of the successes of
this project has been the increased awareness among farmers and policy makers
at both the local and national levels of the need to enact legislation
protecting Farmers' Rights. In addition, the issue of Farmers' Rights and their
relationship to plant breeders' rights is now being debated. A draft for a
Plant Breeders' Rights Bill has been pending for about five years. Receiving
technical and financial support from CEPA, the Government of Malawi's
Department of Agricultural Research Services (DARS) reviewed the draft and held
stakeholder consultations. This led to the incorporation of Farmers' Rights in
a new draft entitled Plant Variety Protection Bill, 2006. However, after
internal consultations within the Ministry of Agriculture, DARS removed the
chapter on Farmers' Rights from the Plant Variety Protection Bill and chose to
include it in a revised Environmental Management Bill. According to CEPA this
signalled the level of commitment to Farmers' Rights within the Ministry of
Agriculture. More recently, a new stakeholder consultation recommended that
Farmers' Rights should be brought back into the Plant Variety Protection Bill.
CEPA has declared that it will continue to lobby the Ministry to ensure that
Farmers' Rights are sufficiently protected by the authorities.
The
project has also been one of the contributing factors leading to the
preparation of a common position regarding Farmers' Rights for Southern Africa.
Guidelines for Farmers' Rights in Southern Africa are now being developed based
among other things on the project results. The findings from this project also
suggest that most of the stakeholders, including the farmers themselves, did
not fully understand the concept of Farmers' Rights, and that most commercial
plant breeders are very sceptical to it. These findings underscore the need for
information work and the type of assessment and awareness programmes CEPA
undertook.
These results can also provide lessons for other actors
working in the area of Farmers' Rights. In other countries as well, assessment
and awareness programmes of the type carried out in Malawi would probably prove
useful in the process of promoting the participation of farmers in decision
making. As was done in Malawi, involving farmers and taking their views into
consideration would be crucial. At the same time, this example from Malawi has
demonstrated the need to also involve other stakeholders to get a correct
assessment of the situation and the differing opinions on the issues. A
thorough understanding of the attitudes of the relevant stakeholders makes it
more likely that projects targeting increased awareness, introducing and
changing policies and involving farmers in the process will be
successful.
(This text is based on information from a questionnaire
completed by William Chadza, Programme Director, CEPA)
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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