Output of 0nline conference on Options for Farmers’ Rights 2009

1. Output of 0nline conference on Options for Farmers’ Rights 2009 Initiated by CGN and CTDT Funded by DGIS and OxfamNovib

2. Basic data • Number of participants: 55 • Number of contributions: 138 • Geographical span: worldwide • Participation: on invitation • Output • 6 Newsletters • GB-3 Information document • Farmer support document

3. Three discussion rounds • Objectives to be reached by creating legal space • Current experiences with legal space • Future options for legal space

4. 6 Newsletters (6 months)

5. Results

6. General observations (1) • Categories of farmers • Motives for FR • Recognition and compensation • Seed management an open system • e.g. as open software • Relation to PBR • Agreement on farmers as breeders • Wide recognition of PPB

7. General observations (2) • Farmers’ Rights as communal rights • No individualisation • Impact of seed acts • Major impacts on marketing • Effects of Free Trade Agreements • Bilateral trade-offs • Early experiences at the national level

8. Specific discussion on Article 9.3 • Relation with national seed acts • Marketing requirements • Relation with UPOV, farm saved seed and ‘private use’ • Exchange and sales at the community level

9. Specific discussion on Article 9.2 • Protection of traditional knowledge and registration • Indian type; farmers’ registries; geographic origin protection • Farmers’ contributions and benefit-sharing • (non)-monetary; PIC? • Participation in decision-making • Awareness raising; farmers’ organisations

10. Some major questions • which laws need revision to realize farmers’ rights? • how to protect traditional knowledge? • Which type of benefit-sharing is best? • How to involve farmers and their organizations?

11. Four proposals • A request to the Secretary and FAO to study the options for provisions in national seed legislation of Contracting Parties, • with a view to provide recommendations and/or guidelines for the introduction of legislation that would allow for the unrestricted or less restricted sales of farmer varieties. • A request to the Secretary of the Treaty and UPOV to study, the possible means and mechanisms to streamline Article 9.3 into UPOV 78/91 regarding protected varieties • in particular regarding the options for provisions in national legislation based on UPOV 78 or 91 that would allow small-scale farmers in developing countries to save, use, sell and exchange protected varieties within their communities .

12. Four proposals • An encouragement to donors to continue with the online conference group as a forum for further discussion and exchange on the implementation of Farmers’ Rights, and to continue helping discussions on the implementation of Farmers’ Rights through any other means and approaches. • An encouragement to donors to provide financial assistance to help developing countries to organize farmers´ workshops to gather inputs for policy decisions on the implementation of Farmers’ Rights, seed legislation, and intellectual property rights legislation.

13. Resolution • Proposal 1 and the discussions in the side event in Tunis around it, contributed a.o. to the following Resolution stating that: • The Governing Body "invites Contracting Parties to consider reviewing and, if necessary, adjusting its national measures affecting the realization of Farmers' Rights as set out in Article 9 of the International Treaty, to protect and promote Farmers' Rights".

14. Implication of Resolution • Contracting Parties should consider reviewing their seed regulations and other measures affecting Farmers' Rights, particularly if these are affecting Farmers' Rights to save, use, exchange and sell farm-saved seed important to enabling farmers to continue to conserve and sustainably use plant genetic resources for food and agriculture.

15. Project report by Robin Pistorius, Eng Siang Lim, Huib Ghijsen and Bert Visser Thank you