A traditional farmer in Kenya |
Participants at an advocacy workshop organized by the
Alliance for Food Sovereignty In Africa (AFSA) in Accra, Ghana have express
disapproval of a plant variety protection protocol recently signed by a few
African diplomats in Tanzania. The protocol frowns on collective intellectual
property rights and will displace indigenous seeds that have formed the
backbone of human society since primitive communalism.
Under what has been christened the “Arusha PVP Protocol”, local
farmers with small farm sizes but who ensures sustainable agriculture, provide
diversity in food crops and who are in the lead of the campaign to eradicate
hunger, will be greatly marginalized.
Opanyin Kwame Sekyere, a local organic seed producer from
Offuman in the Techiman district of the Brong Ahafo Region of Ghana understands
the criminality of the protocol so well. In an exclusive interview with this
reporter in February this year, he said “… by soliciting my support to
formulate a bill which seeks to make me rich and overcome poverty by
registering my seeds but demanding that those seeds must be new, stable,
distinct and uniform is like seeking my consent to dress me naked by removing
my clothes and then drive me to the streets to be mocked at.
“The seeds I multiply under my huts you find over there were
special seeds given to me by my father when I first married my wife. I survive
by multiplying the seeds for the farmers in my community who in turn bring me some
grains and other crops from their harvest. I also cultivate some of the seeds
with my family on my fifteen acres of land. As I understand, the Plant Breeders
Bill before the parliament does not accept my seeds and that is why I will not
qualify for registration under the bill” he explained.
But the traditional farmer is even more disturbed. According
to him, no parliamentarian alive to his responsibilities unless he be a bandit,
a rogue or ignorant, will seek to pass a bill which will disrupt his livelihood
because he mandates that parliamentarian to represent him.
A full text of the statement issued after the Pan African advocacy
workshop is published below unedited;
African governments sell out their farmers in secret
seeds protection deal
African governments, ignoring the protests of their farmers
and civil society, in July 6, 2015, agreed an oppressive 'plant variety
protection protocol' that will open up their countries to commercial seed
monopolists, while limiting farmers rights to save, use, exchange, replant,
improve, distribute and sell the seeds they have developed over countless
generations.
On 6th July 2015, in Arusha, Tanzania, a Diplomatic
Conference held under the auspices of the African Regional Intellectual
Property Organisation (ARIPO) adopted a harmonised regional legal framework for
the protection of plant breeders' rights.
The Arusha Protocol for the Protection of New Varieties of
Plants ('Arusha PVP Protocol') is a slightly revised version of a previous
Draft ARIPO Protocol for the Protection of New Varieties of Plants (the 'ARIPO
PVP Protocol').
The
previous Draft has come under consistent and severe
attack by the Alliance for Food
Sovereignty in Africa (AFSA) because it is based on a Convention known as UPOV
(International Union for the Protection of New Varieties of Plants) 1991 - a
restrictive and inflexible international legal precept, totally unsuitable for
Africa.
Crucially, the ARIPO PVP Protocol proposed extremely strong
intellectual property rights to breeders while restricting the age-old
practices of African farmers freely to save, use, share and sell seeds and/or
propagating material.
These practices are the backbone of agricultural systems in
Sub-Saharan Africa; they have ensured the production and maintenance of a
diverse pool of genetic resources by farmers themselves, and have safeguarded
food and nutrition for tens of millions of Africans in the ARIPO region.
Traditional
farming sacrificed to seed monopolists
The Arusha PVP Protocol is part of the broader thrust in
Africa to ensure regionally seamless and expedited trade in commercially bred
seed varieties for the benefit, mainly, of the foreign seed industry.
Multinational seed companies intend to lay claim to seed varieties as their
private possessions and to prevent others from using these varieties without
the payment of royalties.
Germplasm developed by farming households over centuries is
increasingly under threat of privatization; and ecologically embedded farming
practices risk being destabilised and dislodged.
The broader modernization thrust of which the Arusha PVP
Protocol is an intrinsic part, is designed to facilitate the transformation of
African agriculture from peasant-based production to inherently inequitable,
inappropriate and ecologically damaging Green Revolution/industrial
agriculture.
Such a transformation will lead to many farming households
being threatened with marginalisation or extinction, without alternative
options for survival.
It is worthwhile to note that a 2002 Food and Agriculture
Organisation and World Bank study, the 'International Assessment of
Knowledge, Science and Technology'
(IAASTD), strongly recommended a complete shift away from the Green
Revolution's industrial agriculture to agroecology.
Exclusion
of African civil society
Despite AFSA's well-established track record of constructive
engagement with ARIPO on the Draft ARIPO PVP Protocol, and despite it being a
Pan African network of African regional farmers and NGOs, working with millions
of African farmers and consumers, AFSA was purposely excluded from the Arusha
deliberations.
This restriction stands in sharp contrast to inclusion in the
deliberations of the UPOV Secretariat, and other foreign entities, including
the United States Patent and Trademark Office (USPTO), the World Intellectual
Property Organisation (WIPO) the European Community Plant Variety Office (CPVO)
and the French National Seed and Seedling Association (GNIS). The commercial
seed industry (e.g. the African Seed Trade Association (AFSTA)) was
particularly well represented.
The Arusha PVP Protocol has major implications for national
decision-making. AFSA's exclusion is a violation of the right of farmers to
participate in decision-making on matters related to plant genetic resources
for food and agriculture (Article 9.2(c ) of the International Treaty on Plant
Genetic Resources for Food and Agriculture (ITPGRFA).
Least Developed Countries and sui generis options
Upon adoption, the Arusha PVP Protocol was immediately signed
by representatives of the governments of Ghana, Mozambique, Sao Tome and
Principe, and the Gambia. Ironically, Mozambique, the Gambia and Sao Tome and
Principe are defined as Least Developed Countries (LDCs), along with a further
10 of the 19 members of ARIPO - some of the poorest countries in the world.
LDCs are currently not under any international obligation to
provide any form of plant variety protection until 2021, let alone one based on
UPOV 1991! In any event, all countries have an option to develop sui
generis (i.e. unique) plant variety protection systems that cater for
their specific conditions.
Acceptance of the Arusha PVP Protocol will eliminate this
option. Smaller countries are bullied into accepting their subordination to
regional bodies that are dominated by more powerful foreign countries and
multinational corporate interests.
The countries involved as ARIPO members are Botswana, The
Gambia, Ghana, Kenya, Liberia, Lesotho, Malawi, Mozambique, Namibia, Rwanda,
São Tomé and Príncipe, Sierra Leone, Sudan, Swaziland, United Republic of
Tanzania, Uganda Zambia and Zimbabwe.
National
sovereignty and slight changes
During the deliberations in Arusha, several delegations
raised serious concerns that the Draft ARIPO PVP Protocol eroded national
sovereignty because of the extensive decision-making powers vested in the ARIPO
Plant Breeders Rights Office (PBRO), which operates at a regional level.
The government of Malawi, in particular, said that this
would "have a demeaning and nullifying effect".
Consequently, after long hours of negotiation, changes were made that now give
Contracting States an explicit right to object to any Plant Breeders' Right
(PBR) - as granted by the ARIPO PBRO, regionally - in which event the PBR will
not be awarded national protection.
Further, Contracting States and not the ARIPO PBRO will have
the right to issue compulsory licenses in the public interest.
Notwithstanding these changes, a centralised regional PVP
approval system will be established and the ARIPO PBRO will have full authority
to grant and administer breeders' rights on behalf of all Contracting States
(e.g. to decide whether or not to grant protection, nullify or cancel PBRs,
etc).
These regionally granted PBRs will have a uniform effect in
all Contracting States. Expediently, Contracting States will be required to put
scarce public resources at the disposal of breeders to enforce breeders' rights
at the national level.
Joining
UPOV 1991 - and shirking ITPGRFA-guaranteed farmers' rights
The Arusha PVP Protocol will come into force when four member
states of ARIPO ratify it. In April 2014 the UPOV Council, at the cost of breaking its own
rules, verified that the Draft ARIPO
PVP Protocol conformed to the 1991 Act of the UPOV Convention, allowing ARIPO
itself as well as ARIPO Members that ratify the Protocol, to become Parties to
the 1991 UPOV Convention.
With the new changes, to become a member of UPOV 1991, ARIPO
will have to re-submit the Arusha PVP Protocol to the UPOV Council, to reassess
its conformity with the 1991 Act.
Hence AFSA calls on UPOV members to reject the Arusha PVP
Protocol. On numerous occasions AFSA has challenged the legitimacy of the whole
process-leading up to and culminating in the adoption of the Arusha PVP
Protocol.
AFSA has also indicated, in many public statements during
discussions on the Protocol, that UPOV 1991 restricts farmers' rights to save,
exchange and sell farm-saved-seed and/or the propagating material of protected
varieties in their possession.
Farmers' rights are recognised in the ITPGRFA yet this has
been ignored by the 14 member states of ARIPO that are also Parties to the
ITPGRFA. By adopting the Arusha PVP Protocol these countries have placed the
rights of plant breeders ahead of farmers' rights.
AFSA
vows to continue struggle for seed sovereignty
AFSA is vehemently opposed to the Arusha PVP Protocol. This
Protocol's underlying imperatives are to increase corporate seed imports,
reduce breeding activity at the national level, and facilitate the monopoly by
foreign companies of local seed systems and the disruption of traditional
farming systems.
AFSA remains committed to ensuring that farmers, as breeders
and users, remain at the centre of localised seed production systems and
continue to exercise their rights freely to save, use, exchange, replant,
improve, distribute and sell all the seed in their seed systems.
………………………………
BERNARD
GURI,
CHAIRPERSON
ALLIANCE
FOR FOOD SOVEREIGNTY IN AFRICA
ACCRA,
AUGUST 8, 2015,