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BEST PRACTICES:
Circumventing the law in the Basque
Country
When the laws do not allow or facilitate the
exchange and use of farm-saved seed, the options available to farmers might
seem minimal. This example from the Basque Country in Spain will demonstrate
how it is possible to achieve results with regard to the right to save, use,
exchange and sell farm-saved seed even within such circumstances. The Basque
Seed Network, officially a social movement, has managed to create operational
space for such rights by circumventing the law.
The Basque Seed
Network was started in 2001; as of 2007 it consisted of approximately 80
voluntary members. Many of these represent different organizations, such as
farmer unions, while others are members in an individual capacity. The Network
is aimed at raising awareness regarding farmers' seeds and Farmers' Rights. For
this purpose it disseminates information, holds up for scrutiny national laws
and proposals as well as international agreements with relevance for Farmers'
Rights, facilitates information sharing regarding seed-saving activities, and
advocates Farmers' Rights towards the Basque authorities and the general
public. Inspired by the Australian Seed-Savers Handbook, the network has
published its own seed-saving manual, as well as a seed catalogue. Members
attend local markets and fairs to publicly exchange seed, encouraging people to
use local seed varieties or buy food produced from local seed varieties.
Exchange is also carried out through schools.
According to Helen Groome,
member of the Basque Seed Network, legislation is severely detrimental to
Farmers' Rights in the Basque Country. In general, it is not permitted to
exchange or sell seeds among farmers, and this represents a serious constraint
on all efforts at conserving and sustainably using plant genetic diversity in
agriculture. According to the network, both legislation and agricultural policy
have contributed to a loss of local seed varieties. In addition, local markets
are gradually becoming smaller and scarcer, so local produce from local
varieties has fewer outlets.
The main achievements of the activities of
the Basque Seed Network have been greater acceptance and approval of farmers'
customary practices of saving, using, and exchanging seed. For example, farmers
who use, save and exchange local varieties are now met with greater
understanding from various stakeholders, particularly local consumers, local
environmentalist groups and the environmental department of the Basque
Government. The Basque organic farming sector considers local varieties to be
the basis for work in the organic sector. At a very local level, food producers
and consumers have shown greater interest in the seed and produce from certain
local varieties. Trainings in a dozen of schools every year contribute to this
interest, along with the collaboration with other seed networks in Europe and
elsewhere.
As a result of all these developments, there is heightened
awareness of these issues in the local Basque Government, and a possibility
that the Agricultural Department will take greater account of the question of
local seeds. It has become clearer that the issues of Farmers' Rights, seeds
and food sovereignty are closely interlinked.
The Basque Seed Network
does not wish to label their achievements a success, as there is still a long
way to go until Farmers' Rights are legally secured in the Basque Country.
According to the network, the official Basque policy is still to rely on
industrial and registered hybrid seeds, and they have yet to reach an agreement
with the local government to lobby for change with regard to Farmers' Rights
within higher-level institutions. In terms of achieving partial goals, however,
the Basque Seed Network may serve as a good example of how otherwise
detrimental policies can be approached from within. By showing the importance
of farmers' vital contributions to the conservation and sustainable use of crop
genetic diversity, the organization contributes to changing attitudes in this
regard. The Basque Seed Network employs civil disobedience, in that it performs
seed exchange publicly, and encourages farmers to follow their example - which
is in turn increasingly regarded as legitimate, thanks to the information work
of the organization. In this way, the Basque Seed Network paves the way for
de facto acceptance of farmers' customary practices in broader circles
and possibly including the authorities, thereby slowly undermining the
detrimental laws.
How can these achievements be explained? In the
opinion of Helen Groome, there is still considerable interest in food quality
in the Basque Country, and thus also in local varieties. Also, the
environmental movement understands the importance of farming based on local
seeds. An important factor is that the Basque Seed Network not only provides
information but actively makes seeds available, even if this is barely
tolerated. Finally, the Basque Seed Network has been inspired by other seed
networks and seed-saving groups, and their publications.
The Basque Seed
Network coordinates its work with other seed networks and initiatives such as
Grain (Genetic Resources Action International) and Vía Campesina. It
works closely together with the Basque Farmers' Union, the Basque organic
agriculture organizations, and Basque environmentalist organizations. The
environmental department of the Basque Government is also involved, through
financing some of the activities, and it is hoped that the network will be able
to reach an agreement with the environmental department of the Gasteiz town
council regarding allotments as well.
According to the Basque Seed
Network, there are basically three lessons to be learned from their
experiences. First, it is essential to keep close contact with farmers, as they
are the backbone of the work. Furthermore, it is important to include as many
stakeholders as possible in the network, to make it broad-based and thus
facilitate awareness-raising. Finally, international coordination of the
lobbying work is central, supporting the efforts at both the national and the
local levels.
(This text is based on information provided by Helen
Groome, member of the Basque Seed Network, in response to a questionnaire
survey carried out in December 2007)
Pages in this sub-section:
SUCCESS STORIES FROM THE
REALIZATION OF THE RIGHT TO SAVE, USE, EXCHANGE AND SELL FARM-SAVED
SEED
India's Protection of
Plant Varieties and Farmers' Rights Act
Norway's 'no' to stricter plant
breeders' rights
Circumventing the law in the Basque
Country |
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