The Farmers‘ Rights Project
The Farmers' Rights Project was initiated by the Fridtjof Nansen Institute (FNI) in 2005, with the aim of supporting the implementation of Farmers' Rights as they are recognized in the International Treaty on Plant Genetic Resources for Food and Agriculture.
The Farmers' Rights Project focused on Farmers' Rights related to plant genetic resources for food and agriculture, as they are recognised in the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). There was substantial uncertainty as to how the provisions on Farmers' Rights under the International Treaty can be implemented and what the role of the Governing Body of the Treaty should be in this regard.
The overall objective of The Farmers Rights' Project was to provide an empirical basis and research-based guidance for constructive proposals to the Governing Body of ITPGRFA on the realization of Farmers' Rights as they are formulated in the International Treaty. Three project objectives were developed towards this end:
- To provide an overview over, and assessment of, options available for the domestic implementation of Farmers' Rights under different conditions.
- To identify potential ways and means for the Governing Body of ITPGRFA to promote the realization of Farmers' Rights.
- To contribute to the understanding of the options available for the implementation of Farmers' Rights under ITPGRFA among its Parties and stakeholders.
The main components of the project were as follows:
- Survey on the history of Farmers’ Rights, based on a document and literature review.
- International multi-stakeholder questionnaire survey on Farmers’ Rights.
- Case studies on Farmers’ Rights in India, Peru, Ethiopia and Norway.
- Documentation of Success Stories from the Realization of Farmers' Rights.
- The Lusaka informal international consultation process on Farmers' Rights (together with the governments of Zambia and Norway).
- A website on Farmers’ Rights, which was later converted into the present one.
- A workshop module on Farmers' Rights.
- Various workshops and consultancies on the realization of Farmers’ Rights.
- Research on civil society strategies for the implementation of Farmers' Rights.
- The 2010 Global Consultations on Farmers’ Rights (in collaboration with the Ethiopian Biodiversity Institute).
- Book on the realization of Farmers’ Rights.
- Various side events and lectures on Farmers' Rights.
The intention of the project was to move ahead from earlier controversies, and – based on the consensus formulations in the Treaty – build bridges to a joint perception of needed action, in respect of the countries' freedom to choose measures according to their needs and priorities.
The project was initiated and led by Dr. Regine Andersen of the Fridtjof Nansen Institute between 2005 and 2012 and was funded by the Norwegian Ministry of Food and Agriculture, Gesellschaft für Internationale Zusammenarbeit (GIZ) (Germany), Norwegian Ministry of Foreign Affairs and the Development Fund (Norway).
Text: Regine Andersen
Selected products from the Farmers' Rights Project
Regine Andersen (2013): 'Farmers’ Rights in Times of Change: Illusion or Reality?'
Regine Andersen, 'Farmers’ Rights in Times of Change: Illusion or Reality?'. In W.S. de Boef, A. Subedi, N. Peroni, M. Thijssen and E. O'Keeffe (eds), Community Biodiversity Management: Promoting Resilience and the Conservation of Plant Genetic Resources. New York/London, Routledge, 2013, pp. 306-313.
Summary
This chapter is about farmers' rights as they are addressed in the International Treaty on Plant Genetic Resources for Food and Agriculture. It discusses the progress that has taken place with regard to the implementation of these rights so far, and whether the realization of farmers' rights is an illusion or a reality. While awareness regarding the need to put farmers' rights into practice is increasing among many stakeholders and there are many examples at national and local levels that can be regarded as models for the further efforts and much has been achieved internationally with regard to developing a joint understanding of farmers’ rights and their importance, major incentive structures and regulations are often detrimental to the conservation and sustainable use and represent serious obstacles to the full implementation of farmers’ rights. Such structures and regulations often include legislation on the marketing of seed and propagating material. The chapter argues that without the implementation of farmers' rights, it will be almost impossible to maintain and further develop the world's plant genetic heritage and ensure that future generations will enjoy the benefits of it.
Click here (PDF, 1MB)to access the book.
Regine Andersen and Tone Winge (ed.) (2013): Realising Farmers' Rights to Crop Genetic Resources: Success Stories and Best Practices. (Abdingdon, UK: Routledge)
Realising Farmers' Rights to Crop Genetic Resources: Success Stories and Best Practices
Summary
This book shows the necessity of realizing Farmers' Rights for poverty alleviation and food security, the practical possibilities of doing so, and the potential gains for development and society at large. It provides decision-makers and practitioners with a conceptual framework for understanding Farmers’ Rights and success stories showing how each of the elements of Farmers' Rights can be realized in practice.
The success stories have brought substantial achievements as regards one or more of the four elements of Farmers' Rights: the rights of farmers to save, use, exchange and sell farm-saved seed; the protection of traditional knowledge; benefit- sharing; and participation in decision-making.
This does not mean that these examples are perfect. Challenges encountered on the way are conveyed and offer important lessons. The stories represent different regions and localities, including Europe, Asia, Africa and Latin America, as well as various categories of stakeholders and types of initiatives and policies.More information here.
Tone Winge (2012): A Guide to EU Legislation on the Marketing of Seed and Plant Propagating Material in the Context of Agricultural Biodiversity. FNI Report 11/2012 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
This report presents the EU legislation on the marketing of seed and plant propagating material, with a particular view to how it affects agricultural biodiversity. The main principles of the EU’s 12 basic directives in this area and the three directives providing derogations for the purpose of conservation and sustainable use of plant genetic resources for food and agriculture are discussed. As this part of EU legislation is currently undergoing review, the various elements of the review process are also presented. In addition, the report contains a guide to the literature on the development of such legislation in Europe, its effects on agricultural biodiversity, and the content and consequences of the EU directive that provides derogations for conservation.
Click here to see the report.
Regine Andersen. (2012): 'The Plant Treaty - Crop Genetic Diversity and Food Security'. In Steinar Andresen, Elin Lerum Boasson and Geir Hønneland (eds), International Environmental Agreements: An Introduction. London/New York, Routledge, 2012, pp. 134-150.
In Steinar Andresen, Elin Lerum Boasson and Geir Hønneland (eds), International Environmental Agreements: An Introduction. London/New York, Routledge, 2012, pp. 134-150.
This chapter presents the International Treaty on Plant Genetic Resources for Food and Agriculture. It starts with pinpointing the problems that the Treaty was set out to solve, in particular genetic erosion and regulations reducing access to, and sustainable use of, crop genetic resources. It then proceeds to the story of the Treaty negotiation. The Treaty builds on a previous International Undertaking on Plant Genetic Resources and has been further developed according to a resultion adopted together with the text of the Convention on Biological Diversity in 1992. Also interaction with other international agreements played a role. The contents of the Treaty are elaborated in the chapter, with emphasis on its provisions on conservation, sustainable use, farmers' rights, and access and benefit sharing. Finally, its implementation and impact are assessed. Despite serious financial constraints, substantial progress has been made, in particular with ex situ conservation and the facilitation of access to genetic resources. Also, some progress can be noted with regard to benefit sharing and farmers' rights. Little progress has been achieved for in situ conservation and sustainable use of crop genetic resources. The chapter concludes that the Treaty has everything needed to reverse the negative trends regarding crop genetic resources, if it were implemented according to the intentions. Whether the international community will make use of this unique opportunity depends on political will.
Click here to see information about the book.
Regine Andersen (2012): Plant genetic diversity in agriculture and farmers’ rights in Norway. FNI Report 17/2012 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
These reports, one Norwegian version and one English version, takes the International Treaty on Plant Genetic Resources for Food and Agriculture as a point of departure and analyses achievements, gaps and needs with regard to its implementation in Norway, with focus on its provisions on farmers’ rights. Although much crop genetic diversity has been lost in Norway, substantial efforts are being made to save what is left, and to ensure farmers’ rights. Regulations on plant varieties and seed marketing represent some of the barriers, but much depends on how they will be implemented in the time to come. Traditional knowledge is disappearing, despite efforts to stop this. A consolidated strategy is lacking. Economic incentive structures are not yet in place, except for some ‘seed money’, so most of the work is based on pure idealism. Farmers involved in crop genetic diversity could participate more actively in decision making if they were better organized. The system of public consultation is seriously challenged by Norway’s EEA membership, due to the high ‘turnover’ of decisions requiring implementation at the national level, lack of transparency, and because Norwegian opinions on decisions from the EU carry so little weight. To achieve a say in these matters, it would probably be more useful to work together with other European organizations involved in this issue-area. Nevertheless, much has happened in recent years to facilitate the realization of farmers’ rights and enhance the pool of crop genetic resources available to farmers.Please download the English version here (PDF, 1MB).
Read newspaper article about the report in Norwegian here.
Regine Andersen and Tone Winge (2012): The Access and Benefit Sharing Agreement on Teff Genetic Resources: Facts and Lessons. FNI Report 6/2012. Lysaker, FNI, 2012, 159
Summary
This report tells the story of an agreement on access to teff genetic resources in Ethiopia, and the fair and equitable sharing of benefits derived from their use, that was hailed as one of the most advanced of its time. This agreement between the Ethiopian Institute of Biodiversity Conservation and the Dutch company Health and Performance Food International was entered into in 2005. It was seen as a pilot case for the implementation of the Convention on Biological Diversity in terms of access and benefit sharing, and expectations were high. And yet, implementation of the agreement failed. The Dutch company was declared bankrupt in 2009. And, as a result of several circumstances, Ethiopia was left with fewer possibilities for generating and sharing the benefits from the use of teff genetic resources than ever before. How was this possible? Exactly what happened, and what can we learn? How can we ensure that future access and benefit-sharing agreements will have better prospects of success? These are the central questions of this report, which provides an in-depth analysis of the course of events with regard to the agreement as well as a related patent on the processing of teff, and concludes by deriving recommendations concerning future access and benefit-sharing agreements as well as for the implementation of the Convention on Biological Diversity.
Click here to see the report.
Click here to see the executive summary.
Andersen, Regine and Tone Winge (2012): Farmers’ Rights Project: Furthering agrobiodiversity as a means of poverty alleviation. New Routes 3/2012
Summary
This short article presents the Farmers' Rights Project and some of its research results, with a particular emphasis at the way agrobiodiversity can serve as a means to alleviate poverty.
Click here (PDF, 1MB)to see the article.
Regine Andersen (2011): Plantemangfold i jordbruket og bønders rettigheter i Norge ('Plant genetic diversity in agriculture and farmers’ rights in Norway'). FNI Report 11/2011 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
This report takes the International Treaty on Plant Genetic Resources for Food and Agriculture as a point of departure and analyses achievements, gaps and needs with regard to its implementation in Norway, with focus on its provisions on farmers' rights. Allthough much of the crop genetic diversity has been lost in Norway, substantial efforts are made to save what is left, and to ensure farmers’ rights. The plant variety and seed marketing regulations provide some of the barriers in this work, but much depends on how they will be implemented in the time to come. Traditional knowledge is disappearing, despite efforts to stop this. A consolidated strategy for this purpose is lacking. Economic incentive structures are not yet in place, except for some ‘seed money’, and thus most of the work is based on pure idealism. Farmers invovled in crop genetic diversity could participate better in decision making if they were better organized. The hearing system is seriously challenged by the EEA-memebership, due to a high ‘turn-over’ of decisions to be implemented at the national level, lack of transparency, and since norwegian opinions have little to say against decisions from the EU. To have a say in these matters, it is probably more useful to link up with European organizations involved in the issue. Nevertheless, much has happened during the past years which support the realization of farmers’ rights and enhances the crop genetic diversity available to farmers.
Click here to see the report.
Regine Andersen and Tone Winge (2011): The 2010 Global Consultations on Farmers' Rights: Results from an Email-based Survey. FNI Report 2/2011 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
This report presents the results of the e-mail based survey on Farmers' Rights carried out in 2010 as part of the Global Consultations on Farmers' Rights. The consultations were organized in response to Resolution 6/2009 of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture, which called for regional workshops on Farmers' Rights. A total of 131 respondents from 36 countries participated. These were sorted into the groups 'farmers', 'the public sector', 'seed industry', 'NGOs' and 'others', as well as regional groups. Through the questionnaire the respondents shared their views and experiences on the realization of Farmers. Rights, including achievements, obstacles and options. The prime concern among most participants was the need for guidance, support and capacity building to develop or adjust national legislation, policies, strategies and programs for the realization of Farmers' Rights.Click here to see the report.
Regine Andersen and Tone Winge, with contributions from Bell Batta Torheim (2011): Global Consultations on Farmers' Rights in 2010. FNI Report 1/2011 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
This report presents the results and proceedings of the Global Consultations on Farmers. Rights carried out in 2010. Consisting of both an e-mail based survey and an international consultation conference with regional components held in Addis Ababa, Ethiopia, the consultations were organized as a response to Resolution 6/2009 of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture, which called for regional workshops on Farmers. Rights. In the two phases of the consultations, a total of 171 experts and stakeholders from 46 countries in Africa, Asia, the Near East, Latin America and the Caribbean, North America and Europe, and from farmer organizations, government institutions, the seed industry, NGOs, IGOs, research institutions and other relevant groups participated. The participants shared their views and experiences and discussed obstacles and options to the realization of Farmers. Rights. The consultation conference resulted in recommendations from the regional groups as well as joint recommendations from the conference. The prime concern among most participants is the need for guidance, support and capacity building to develop or adjust national legislation, policies, strategies and programs for the realization of Farmers' Rights.The report can be found here (PDF, 1MB).
Regine Andersen and Tone Winge (2011). Linking community seed banks and farmers’ rights.
The article is available on pages 5 – 6 here (PDF, 2MB)
Regine Andersen (2010): An issue of survival. D+C, No. 03 2010, Volume 51, March 2010
Summary
This essay discusses the erosion of agricultural biodiversity. It argues that this trend is putting the ability of future generations to feed themselves at risk, and that in order to reverse the trend, new policies must be implemented worldwide. One of its main points is that this is especially important because it is the poorest farmers that are the stewards of genetic diversity.Click here (PDF, 176KB)to see the essay.
Regine Andersen (2010). Who controls the seeds?
Summary
In many developing countries the right of farmers to use and exchange farm-saved seed is a form of life insurance. Ensuring that farmers have this right is an important means for poverty alleviation and crucial to maintaining crop genetic diversity throughout the world. But who controls the seeds?
Click here to see the report.
Regine Andersen (2009): Norwegian Plant Variety Protection and Seed Laws: Lessons for South Asian Countries, Trade Insight, Vol 5, No 1, 2009, pp. 12-14.
Summary
This article explains why Norway decided to say ‘no’ to UPOV’91, the newest international convention on the protection of new varieties of plants and instead remained member of the Union for the Protection of New Varieties of Plants (UPOV) based on the former version, UPOV’78. The main reason was to balance farmers’ and breeders’ rights. It discusses the difference between the two conventions of UPOV and implications for farmers’ rights. The article also highlights new developments in seed laws in Norway, following from EU-legislation to which Norway is bound through its association with the EU. This led to the prohibition of farmers’ rights to save, use, exchange and sell farm-saved seed in Norway, partly due to a misinterpretation of the EU legislation. Relating the analysis to South Asia, the article concludes that failure to protect farmers’ rights in plant variety protection and seed laws is a recipe for disaster for food security among small-scale farmers.
Click here (PDF, 1MB)to see the document.
Regine Andersen (2009): Information paper on Farmers’ Rights submitted by the Fridtjof Nansen Institute, Norway, based on the Farmers’ Rights Project. Input paper submitted to the Secretariat of the Plant Treaty 19 May 2009 (IT/GB-3/09/Inf. 6 Add. 3)
Summary
Resolution 2/2007 of the Governing Body of the International Treaty encourages Contracting Parties and relevant organizations to submit their views and experiences on the implementation of Farmers’ Rights, as set out in Article 9. In response to this, the Fridtjof Nansen Institute has prepared an information paper based on the research findings of the Farmers' Rights Project. This input paper is a contribution to the negotiations on Farmers' Rights during the Third Session of the Governing Body of the International Treaty in Tunisia. The information paper summarizes the knowledge of the project to date on views and experiences with the implementation of Farmers’ Rights globally, noting existing gaps and needs. After a brief introduction to the research and other activities of the Farmers’ Rights Project, the paper proceeds to views on the contents of Farmers’ Rights and experiences with their realization. It further outlines various avenues towards systemic implementation of Farmers’ Rights according to needs and priorities at the national level. Finally, remaining gaps and needs are identified and recommendations for the Governing Body are presented.
This information paper can be downloaded here (PDF, 221KB).Regine Andersen and Tone Winge (2009): The Plant Treaty and Farmers' Rights: Implementation Issues for South Asia. (Kathmandu: South Asia Watch on Trade, Economics & Environment (SAWTEE))
Summary
This discussion paper looks into the contents of the Plant Treaty with a particular focus on Farmers’ Rights. The paper also looks at the challenges from other international agreements such as the CBD, the TRIPS Agreement and UPOV; the state of negotiations with regard to Farmers’ Rights; and prospects for their realization in developing countries in general and South Asia in particular. In addition, as India's law on plant variety protection and Farmers’ Rights is an example of the most advanced legal recognition of Farmers’ Rights at the national level, the paper also analyses various issues concerned with this Act before deriving conclusion and recommendations with regard to options available for the realization of Farmers’ Rights.Click here (PDF, 898KB) to see the publication.
Regine Andersen (2008): Governing Agrobiodiversity: Plant Genetics and Developing Countries. Aldershot, Ashgate, 2008, 420 p.
Summary
Plant genetic diversity is crucial to the breeding of food crops and is therefore a central precondition for food security. Diverse genetic resources provide the genetic traits required to deal with crop pests and diseases, as well as changing climate conditions. Plant genetic diversity is also essential for traditional small-scale farming, and is therefore an indispensable factor in the fight against poverty. However, the diversity of domesticated plant varieties is disappearing at an alarming rate while interest in the commercial use of genetic resources has increased in line with bio-technologies, followed by demands for intellectual property rights. This important book contributes to our understanding of how international regimes affect the management of plant genetic resources for food and agriculture in developing countries. It identifies entry points to shape a better governance of agrobiodiversity and provides the first comprehensive analysis of how the international agreements pertaining to crop genetic resources affect the management of these vital resources for food security and poverty eradication in developing countries.
Book presentation on publisher’s website at FNI website here.
Take a look inside the book here.
Maria Scurrah, Regine Andersen and Tone Winge (2008): The Farmers' Rights Project – Background Study 8: Farmers' Rights in Peru: Farmers' Perspectives/Los Derechos del Agricultor en el Perú: Las perspectivas de los agricultores. FNI Report 16/2008
Summary
The realization of Farmers’ Rights is crucial to the maintenance of Peru’s rich agro-biodiversity and for poverty alleviation. This report presents the perceptions and experiences of 180 farmers from various regions of the Peruvian Andes on issues related to Farmers’ Rights as they are addressed in the International Treaty on Plant Genetic Resources for Food and Agriculture. A series of regional workshops were held in the Andes from March to May 2008 to map the views, experiences and suggestions of farmers on the realization of Farmers’ Rights. Their views were presented at a national multi-stakeholder workshop in Lima in September 2008, where also central government institutions, NGOs, farmers’ organizations, as well as gene bank officials and breeders were represented. In this report the results from these workshops are presented and analyzed as to how they can form the basis for future policies on Farmers’ Rights in Peru. Central recommendations include documentation of traditional knowledge; the establishment of agro-biodiversity reserves; support to community gene banks, seed fairs and exchange visits; participatory research on traditional seed systems and participatory plant breeding; assistance in processing and marketing products made from traditional varieties; improved economic incentive structures for maintaining traditional crop varieties; and the establishment of pilot villages to bolster the conservation and exchange of genetic resources and traditional knowledge. Suggestions for activities to foster farmers’ participation in decision-making are elaborated as well as institutional questions on how to coordinate the realization of Farmers’ Rights.Full report here.
Download executive summary in Spanish (PDF, 273KB)or English (PDF, 277KB).
Regine Andersen and Tone Winge (2008): The Farmers' Rights Project – Background Study 7: Success Stories from the Realization of Farmers' Rights Related to Plant Genetic Resources for Food and Agriculture. FNI Report 4/2008
Report on Success Stories from the Realization of Farmers' Rights
This is a collection of 17 inspiring stories illustrating the achievements already made in implementing all of the measures suggested in the International Treaty. The report also has an introductory part defining success stories in the context of Farmers' Rights, which is a contribution to understanding the contents of these rights, based on the research at the FNI.
Despite huge challenges ahead in implementing Farmers’ Rights as they are addressed in the International Treaty on Plant Genetic Resources for Food and Agriculture, there are many examples of projects, legislation and policies which contribute to their realization. A success story is defined here as a project or activity that has resultet in substantial achievements with regard to one or more of the suggestions for the realization of Farmers’ Rights addressed in the International Treaty. The chosen examples are not necessarily perfect; the main criterion is that significant achievements have been made and that they can provide inspiration for others.
The success stories are sorted into four categories of achievements: The realization of Farmers’ Rights to save, use, exchange and sell farm-saved seed; protection of traditional knowledge related to agricultural biodiversity; participation in benefit sharing and in decision-making. Within each of these categories a handful of stories are offered, 17 stories altogether, from 11 countries.
The success stories in this report tell about achievements in different areas related to Farmers’ Rights, but common features may be discerned. Farmer-scientist collaboration, capacity buliding, community based approaches and participatory approaches are all elements that have proved to be central. Different approaches to develop better legislation and incentive structures for Farmers’ Rights are also important.
The findings in this report suggest that NGOs and farmers organizations play an important role, and that networking can be very valuable. Last, but not least, this report notes the link between Farmers’ Rights and development, and the importance of protecting these rights in order to ensure that what is left of agricultural biodiversity can be maintained, and to ensure the livelihoods of farmers throughout the world.Best Practices that are contained in the report are:
Around the world much is happening with regard to Farmers' Rights. There is increasing interest around the issue, and despite negative trends there are many examples of projects, legislation and policies which contribute to Farmers' Rights actually being realized. Best practices from a range of countries are presented here to draw attention to some of the very important work being done in this area, and to communicate the possibilities that exist for succeeding with efforts targeted at the realization of Farmers' Rights. The success stories collected here represent only some of the work being done to implement the International Treaty on Plant Genetic Resources for Food and Agriculture, and it is our hope that this collection will grow as more stories are brought to our attention.
A success story is defined here as a project or activity that has resulted in substantial achievements with regard to one or more of the suggestions for the realization of Farmers' Rights addressed in the International Treaty. The chosen examples are not necessarily perfect; the main criterion is that significant achievements have been made and that they can provide inspiration for others. The success stories are sorted into four categories of achievements: success stories from the realization of Farmers' Rights to save, use, exchange and sell farm-saved seed; success stories on traditional knowledge related to agro-biodiversity; success stories on benefit sharing; and success stories on participation in decision-making. In the presentation of these stories, the main successes are highlighted together with the explanations for success and the lessons to be learned. The success stories in this collection tell about achievements in different areas related to Farmers' Rights, but common features may be discerned. Farmer-scientist collaboration, capacity building, community based approaches and participatory approaches are all elements that have proved to be central. A comparison of the stories also suggests that NGOs play an important role and that networking can be very valuable. Last, but not least, the link between Farmers' Rights and development is noted, and the importance of protecting these rights in order to maintain what is left of agro-biodiversity and to ensure the livelihoods of farmers throughout the world.
Thus, Farmers' Rights are critical to ensuring the conservation and sustainable use of genetic resources for food and agriculture and consequently for food security – today and in the future. Farmers' Rights are also a central means in the fight against rural poverty in developing countries.Click here to see the report.
Regine Andersen and Gunnvor Berge, (2007): Informal International Consultation on Farmers' Rights, 18 - 20 September 2007, Lusaka, Zambia. Report M-0737 E (Oslo, Norway: Norwegian Ministry of Agriculture and Food)
Summary
The informal international consultation in Lusaka gathered 27 participants from 20 countries and most regions of the world. They all participated in their personal capacities, coming from various backgrounds, including ministries of agriculture, gene banks, research institutions, farmers' organizations and nongovernmental organizations. The consultation consisted of six sessions, each starting with brief introductions by some of the participants, with the main emphasis on the discussions. One aim of the consultation was to identify key-issues of importance for the implementation of Farmers' Rights and to facilitate a process towards the realization of Farmer' Rights by the national governments, while acknowledging Farmers' Rights as vital for food security and the future of our agricultural plant genetic heritage. On the basis of the discussions and by taking account of comments from the participants, Norway and Zambia prepared an input paper to be submitted to the Governing Body for consideration at its Second Session.
The report starts out with a summary of results from the consultation. Then it summarizes the introductions and discussions, and provides an insight into the shared understandings, experiences and ideas on how to protect and promote Farmers' Rights. The last part of the report is a collection of the papers presented at the consultation. The programme of the Lusaka Consultation and the list of participants can be found in the annex.Click here (PDF, 634KB)to see the report.
Regine Andersen (2007): Protecting Farmers' Rights in the Global IPR Regime: Challenges and Options. Trade Insight, Vol 3, No 2, pp. 30-32
Summary
This policy brief gives a short introduction to the concept of Farmers' Rights and its importance for agrobiodiversity, food security and poverty reduction. It then goes on to discuss the possibilities for protecting these rights under the existing global IPR regime. Central options that are discussed pertain to creating a legal space within legislative frameworks for farmers' stewardship and innovations in agriculture, and establishing funding mechanisms at the national and international levels in order to scale up activities supporting them in their vital contribution to the global genetic pool.Click here (PDF, 252KB)to see the Policy-Brief-15 – SAWTEE.
Regine Andersen (2006): Bønders rettigheter – resultater fra en internasjonal undersøkelse ('Farmers' Rights – Results from an International Survey') Frø & Formering Report 6D (Sandefjord, Norway: Vestfold Bondelag). In Norwegian
Summary
This is a short presentation in Norwegian of the results from the international stakeholder survey that was conducted in 2005. The stakeholder survey gathered the perceptions and opinions of various stakeholders from all parts of the world on the issue of Farmers' Rights. Giving an overview of the state of realization of Farmers' Rights, it showed that despite the huge challenges ahead, efforts are already underway with regard to all issues addressed as farmers' rights in the International Treaty. In this document the main points regarding the contents of the Farmers' Rights concept, the state of realization of Farmers' Rights, evaluation of efforts and the challenges and opportunities ahead, are presented.Regine Andersen (2006): Farmers' Rights and Agrobiodiversity. Issue Papers: People Food and Biodiversity. (Eschborn, Germany: GTZ)
Click here (PDF, 205KB)to see the report.
Regine Andersen (2006): Realising Farmers’ Rights under the International Treaty on Plant Genetic Resources for Food and Agriculture, Summary of Findings from the Farmers’ Rights Project (Phase 1). FNI Report 11/2006 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
The summary of the findings from Phase 1 of the Farmers' Rights project is designed as a guide to delegations and stakeholders concerned with Farmers' Rights. It presents the components of the Farmers' Rights Project and identifies two approaches to the understanding of Farmers' Rights in the current debate: the ownership approach and the stewardship approach.
There is a latent conflict between these two, and the report argues that the stewardship approach must prevail if Farmers' Rights are to be realised within the framework of the ITPGRFA. A working definition is presented and reasons why these rights are so important are highlighted. Most importantly, the realisation of Farmers' Rights is a precondition for the maintenance of agrobiodiversity and a central means in the fight against poverty in the world. The report summarises the state of realisation of Farmers' Rights and shows that achievements are already being made with regard to all measures addressed in the ITPGRFA. It pinpoints the central barriers to further progress in this area and indicates what steps are required to overcome these barriers and to implement the ITPGRFA with regard to Farmers' Rights. Finally, the report recommends measures to be taken by the Governing Body of the ITPGRFA, and highlights issues of importance for further discussion.Click here to see the report.
Regassa Feyissa (2006): The Farmers' Rights Project - Background Study 5: Farmers' Rights in Ethiopia – A Case Study. FNI Report 7/2006 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
This study highlights perceptions of different stakeholders, the achievements made, and existing barriers and opportunities regarding the implementation of farmers' rights in Ethiopia. It also proposes possible measures to be taken at the global level.
The study reveals that development of various legislative measures to implement the formulated policies is lagging, and the level of awareness among various stakeholders regarding the issues of farmers' or community rights is still found to be rather low. For these reasons, and because it involves diverse social, economic and cultural elements, the realisation of farmer rights is a challenging task in the Ethiopian context. To overcome the challenges at the national level, concerted support from the international community through the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture is critically important. The international community should support efforts to minimize the serious problems of erosion of plant genetic resources for food and agriculture which takes place in almost all countries. This requires clear commitments by states and intergovernmental actors to protect and support farm communities in order to ensure universal food security for the present and the future.Click here to see the report.
Anitha Ramanna (2006): The Farmers' Rights Project - Background Study 4: Farmers' Rights in India – A Case Study. FNI Report 6/2006 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
The case study provides an overview of the state of Farmers' Rights, and opinions of over forty stakeholders in India including farmers, NGOs, industry and government representatives, on the prospects for the further realization of Farmers' Rights. India's law on plant variety protection and Farmers' Rights is unique in that it simultaneously aims to protect both breeders and farmers.
The study analyses the achievements, barriers and limitations of India's approach. One of the findings is that the attempt to evolve a multiple rights system could pose several obstacles to the utilization and exchange of plant genetic resources among farmers. India has framed a unique legislation, but still faces the task of implementation, without any clear consensus among the various stakeholders on how to achieve these rights. This should serve as a signal internationally that establishing legislation is insufficient to effectively promote Farmers' Rights. An international mechanism is urgently required to promote some level of consensus on defining and implementing these vital rights. If the global community does not face up to the challenge of unambiguously articulating Farmers' Rights, what has been achieved so far in the battle to establish these rights may be lost. Such a loss would be heavy for farmers in India and other developing countries which need Farmers' Rights to protect their livelihoods, secure their access to resources, protect their rights to seeds, and, above all, lift them out of poverty.Click here to see the report.
Manuel Ruiz Muller (2006): The Farmers' Rights Project - Background Study 3: Farmers' Rights in Peru – A Case Study. FNI Report 5/2006 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
The case study provides an overview of the state of Farmers' Rights in Peru and of the perceptions of central stakeholders in this regard. Peru is a centre of origin and diversity of important food crops and a country where traditional farming practices coexist with modern and intensive farming, and the study offers an analysis of the various and complex issues and problems which arise with regard to understanding and, especially, implementing these rights at the national level.
Various perceptions and limited awareness about the implications of Farmers' Rights pose an additional challenge. However, Peru has made some progress, particularly in the area of public policies and laws oriented towards the protection of traditional knowledge and seeking to ensure the fair and equitable sharing of benefits derived from the use of genetic resources. Most concerns at present focus on the impacts that a seed certification system and new plant breeders' rights may have on traditional saving and use of seeds and propagating material by campesinos and native communities. Farmers' Rights appear to be an important tool for campesinos and native communities to ensure the legitimacy of the traditional practices of saving, reusing and exchanging seeds.Click here to see the report.
Regine Andersen (2005): The Farmers' Rights Project - Background Study 2: Results from an International Stakeholder Survey on Farmers' Rights. FNI-report 9/2005 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
The case study provides an overview of the state of Farmers' Rights in Peru and of the perceptions of central stakeholders in this regard. Peru is a centre of origin and diversity of important food crops and a country where traditional farming practices coexist with modern and intensive farming, and the study offers an analysis of the various and complex issues and problems which arise with regard to understanding and, especially, implementing these rights at the national level.
Various perceptions and limited awareness about the implications of Farmers' Rights pose an additional challenge. However, Peru has made some progress, particularly in the area of public policies and laws oriented towards the protection of traditional knowledge and seeking to ensure the fair and equitable sharing of benefits derived from the use of genetic resources. Most concerns at present focus on the impacts that a seed certification system and new plant breeders' rights may have on traditional saving and use of seeds and propagating material by campesinos and native communities. Farmers' Rights appear to be an important tool for campesinos and native communities to ensure the legitimacy of the traditional practices of saving, reusing and exchanging seeds.Click here to see report.
Regine Andersen (2005): The Farmers' Rights Project - Background Study 1: The History of Farmers' Rights: A Guide to Central Documents and Literature. FNI-Report 8/2005 (Lysaker, Norway: The Fridtjof Nansen Institute)
Summary
The guide presents the findings of a comprehensive survey of documentation and literature on these rights. It is designed as a guide for negotiators, practitioners and researchers wishing to understand the concept and the potentials of farmers' rights.
The documents represent the fruits of long and complex negotiations, and provide an important context for the realization of farmers' rights. How to reward farmers for their past, present and future contributions to conserving, improving and making available crop genetic resources for food and agriculture has been a central topic in the negotiations. An international fund for supporting and assisting farmers in this has long been on the agenda. Discussions have also focused on how farmers' rights can balance breeders' rights, so as to ensure an equitable system that can facilitate farmers' continued access to - and free use of - crop genetic resources. The substantial and increasing body of literature on farmers' rights provides a valuable source of insights in the potentials for, and possible difficulties in, realizing farmers' rights. Although authors differ in their points of departure, emphases and perspectives, their contributions are largely compatible. The literature provides important points of departure for understanding the subject matter of farmers' rights, types of rights, rights holders, and appropriate measures for protecting and promoting these rights. It also draws lessons from initial efforts at realizing these rights, and warns against certain tendencies which might prove counterproductive.Click here to see the report.