Food and Agriculture Organization of the United Nations  
International Treaty on Plant Genetic Resources for Food and Agriculture

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    The Inventory

    This online version of the Inventory presents, for each measure, the title and a brief description with information on implementing organization(s), start year, objectives, core elements, key outcomes, and, if applicable, lessons learned. It thus allows users to quickly identify those examples that may be of interest to them. A hyperlink to the original submission is provided, which includes additional information, such as on the history and context of the presented measure, challenges encountered, or target groups reached. In this way, users can get a more comprehensive idea of the measure in question and the specific context for which it was developed.
     
    To facilitate navigation, the Inventory is subdivided into eleven categories. Measures or practices that fall under more than one category are listed under each one that applies. Furthermore, information is provided on the type(s) of measures that are typically involved, such as technical, administrative, legal, and/or others, and on the relevant sub-article of Article 9 that is addressed. Additional search options allow searching by country, region, free text and keyword.
     
     
     
     
     
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    Number of records: 235

    141) General regime on Access and Benefit-sharing (ABS)

    In order to implement the Convention on Biological Diversity and the Nagoya Protocol, the French law on Biodiversity (n°2016-1087) has modified of the Environmental Code – Article L. 412-3 and establish¬es rules on access to genetic resources and associated traditional knowledge and sharing of benefits arising from their use. In addition, the EU Regulation No 511/2014 of the European Parliament and of the Council of 16 April 2014 establishes compliance measures under the Nagoya Protocol. The Ministry of Ecology is the competent authority receiving any application for accession to traditional knowl¬edge associated with genetic resources. French law also applies directly to the five ‘overseas’ departments (Martinique, Guadeloupe, French Guyana, Mayotte, La Reunion) and to Saint-Martin and Saint-Pierre-et-Miquelon; and partially to some other territories, including New Caledonia and French Polynesia. Currently, processes are underway to establish procedures for consultation with ‘communities of inhabitants’ or ‘resident communities’, which can be any community of inhabitants who traditionally derive their livelihood from the natural environment and whose way of life is of interest for the conservation and sustainable use of biodiversity. Benefit-sharing can include measures for the preservation of traditional knowledge related to PGRFA of the communities concerned, with their prior informed consent.

    Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

    Type of measure/practice: Administrative; Legal

    142) Implementation of farmers’ rights through the recognition of farmers’ seeds and provisions made for a discreet farmer seed system registration process, not linked to commercial seed and crop value chains

    In 2003, the Brazilian government passed a Seed Law- Lei 10.711 Dispõe sobre o Sistema Nacional de Sementes e Mudas e dá outras providências that recognized farmer’s seed emanating from farmer-managed seed systems. According to this law, registration of local, traditional or Creole cultivars used by family farmers, Agrarian Reform settlers or indigenous peoples is not mandatory (Article 11.6) and there are exemptions for those who multiply seeds or seedlings for distribution, exchange or sell among themselves. The exemptions are for all farmers’ seed as long as they are traded and exchanged among family farmers (Article 8.3). Where farmers choose to register their seed in Brazil, several requirements are given by the Ministerial Decision 51/2007. Since the farmers’ seed sector is recognized as important and indispensable towards the attainment of food security, the national government launched the Food Acquisition Programme in 2003, which included the purchase and dissemination of farmer seed that was directly purchased from and distributed to farmers. This state support created a big incentive for local producers, especially family farmers, agrarian reform settlements and indigenous communities and populations, and it recognised the seed production protocols and activities of these communities. To further support the farmers’ seed sector, the Ministry of Agrarian Development supported seed fairs to promote the multiplication of local seeds.

    Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

    Type of measure/practice: Administrative; Legal

    143) Fair Planet

    Fair Planet is a non-profit organization partnering with several private seed companies with a mission to develop a vital agriculture business economy in rural areas of Africa, increase food security and provide new economic opportunities to smallholder farmers in developing countries, through access to high-quality seed varieties and training for improved farming practices. Together with Haramaya University, Ethiopia, and the Ethiopian Ministry of Agriculture, and in cooperation with private seed companies, they have developed a unique extension model since 2012. Core components include technology transfer and capacity development of local experts and trainers; local teams continue training the farmers to implement improved production practices. As a result, more than 16,000 smallholder farmers in the project regions have increased food production and received better nutrition due to better seeds and improved farming practices. In some cases, yields have increased dramatically: 4 times greater in tomato, and 8 times greater in hot pepper. The Fair Planet initiative helps develop a vital agriculture business economy in rural areas of Africa and provides interesting and profitable work for young people looking for better opportunities in their own country.

    Category: 9.Training, capacity development and public awareness creation

    Type of measure/practice: Technical

    144) Plant Variety Protection Act, 2019

    The Ministry of Agriculture, in cooperation with relevant government organizations and public research institutes, has engaged in a process to develop an act providing protection of the rights of plant breeders and farmers with regard to plant varieties. This process resulted in the adoption of the Plant Variety Protection Act, 2019. This act sets rules for the establishment of a Plant Variety Protection Authority as well as for the registration of varieties, protection of breeders’ and Farmers’ Rights and other related matters. It recognizes innovative farmers as ‘plant breeders’; farmers are now entitled to submit applications for registration of varieties they have developed or maintained. They will be rewarded for maintaining landraces and developing new plant varieties. A certificate, a medal and some money will be paid to farmers as a recognition of their contribution to crop improvement. They will also participate in decision-making on the management of landraces. The act has passed the legislative procedure only recently; it is expected that the production of a wide variety of crops will continue to increase.

    Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

    Type of measure/practice: Legal

    145) Semences Normes et Paysans (SNP) - Mali

    In Mali, the SNP Semences Normes et Paysans (Stakeholder Platform for Standard and Peasant Seeds) was established in 2017. It is chaired by the Ministry of Agriculture and its members are representatives of the National Assembly, of the Ministry of Agriculture and its technical services, farmer organizations working on peasant seeds, universities and research institutions, as well as supporting NGOs. The platform provides a space for political dialogue between the Malian government and Civil Society Organizations, particularly farmer organizations; its mandate is to promote the recognition of farmers’ seed systems and Farmers' Rights in Mali. The group provided an analysis of the existing legal framework governing seeds, identifying strengths and weaknesses in terms of the implementation of Farmers' Rights. On the basis of this shared diagnosis, the members of the SNP platform were able to develop proposals on how to fill existing gaps, which resulted, inter alia, in a common proposal for a chapter on farmers’ seed systems to be included in the national seed policy, which is currently under review. This example shows that a political dialogue with the real and full participation of farmer organizations can lead to a shared understanding of the issues and to proposals for realizing Farmers' Rights.

    Category: 8.Farmers’ participation in decision-making at local, national and sub-regional, regional and international levels

    Type of measure/practice: Others