Options for legal measures to implement Farmers’ Rights
This is the tenth category of options to encourage, guide and promote the realization of Farmers’ Rights in the Options Document. It comprises options for legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.
About this category of options
Contracting Parties to the International Treaty have agreed that the responsibility for realizing Farmers’ Rights, as they relate to PGRFA, rests with national governments. Each Contracting Party should, as appropriate, and subject to its national legislation, take measures to protect and promote Farmers’ Rights (Art. 9.2). Several measures of Farmers’ Rights are suggested, including the protection of traditional knowledge relevant to PGRFA, the fair and equitable sharing of benefits arising from their utilization, and the right to participate in making decisions, at the national level, on related matters (Art. 9.2a-c). Rights that farmers have to save, use, exchange and sell farm-saved seed/propagating material are referred to in Art. 9.3.
To implement the commitments they have made under international agreements, governments of Contracting Parties may consider reviewing and, as appropriate, adjusting existing national law, or creating new law, in accordance with their priorities and needs. In that process, Contracting Parties may want to assess and consider needs of rightsholders, including farmers, indigenous and local communities, in cases where they are directly affected by such legal measures.
There are five options:
- Option 10A: Realize Farmers' Rights within the national legislation, administrative and policy framework relevant for the conservation and sustainable use of PGRFA.
- Option 10B: Realize Farmers’ Rights through reviewing and, as appropriate, adjusting, intellectual property law and/or related procedures.
- Option 10C: Realize Farmers’ Rights through reviewing and, as appropriate, adjusting seed laws and/or related procedures.
- Option 10D: Realize Farmers’ Rights through reviewing and, as appropriate, adjusting national laws for access and benefit-sharing and/or related procedures.
- Option 10E: : Study national and international policies and laws regarding their contributions to the realization of Farmers' Rights.