benefit-sharing
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Farmers' Rights under the FAO Treaty on PGRFA: the Need for a Broad Approach Based on Biocultural Heritage
Document type: Technical report
The ITPGRFA seeks to protect farmers’ rights through equitable benefit-sharing from the use of farmers’ crop varieties. It recognises the enormous contribution that indigenous and local communities and farmers have made to the conservation and development of crop genetic resources. Yet the ability of farmers to continue this role is seriously threatened - not only by a lack of benefit-sharing, but by a lack of secure rights to land and genetic resources and policies that promote industrial agriculture and monocultures. This paper argues for a broad approach to the protection of farmers rights, which goes beyond benefit-sharing, to include protection of farmers' customary rights over genetic resources and associated landscapes, cultural values and customary laws, on which the continued conservation and improvement of crops by farmers depends. It draws on research by International Institute for Environment and Development and partners in Peru, Panama, India, China and Kenya.
Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization
Document type: Training Material
These voluntary guidelines identify the steps in the access and benefit-sharing process, with an emphasis on the obligation for users to seek the prior informed consent of providers. They also identify the basic requirements for mutually agreed terms and define the main roles and responsibilities of users and providers and stress the importance of the involvement of all stakeholders. They also cover other elements such as incentives, accountability, means for verification and dispute settlement. Finally, they enumerate suggested elements for inclusion in material transfer agreements and provide an indicative list of both monetary and non-monetary benefits. They are expected to assist Parties, Governments and other stakeholders in developing overall access and benefit-sharing strategies, and in identifying the steps involved in the process of obtaining access to genetic resources and benefit-sharing.
Success Stories from the Realization of Farmers’ Rights Related to Plant Genetic Resources for Food and Agriculture
Document type: Technical report
This report presents a collection of success stories from the realization of Farmers’ Rights as they are addressed in the International Treaty on Plant Genetic Resources for Food and Agriculture. Despite huge challenges ahead in implementing these rights, 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.
Explanatory Guide to the International Treaty on Plant Genetic Resources for Food and Agriculture
Document type: Book
The entry into force of the International Treaty on Plant Genetic Resources for Food and Agriculture marks the commitment of the world community to a freestanding convention directed at addressing both global needs for food security and internationally agreed objectives regarding the concepts of ‘access and benefit-sharing’ found in the CBD. The sixth in a series of Guides to the implementation of particular international instruments and concepts, it seeks to promote greater understanding of the Treaty’s text, including some of the scientific, technical and legal issues upon which it is founded, and possible implications.
Results from an International Stakeholder Survey on Farmers’ Rights
Document type: Technical report
This background study presents the findings of an international stakeholder survey on the topic. It gathers the perceptions and opinions of various stakeholders from all parts of the world, as expressed in 60 questionnaires from 31 countries. The survey gives an overview of the state of realization of farmers’ rights which shows that, despite the huge challenges ahead, efforts are already underway with regard to all issues addressed as farmers’ rights in the International Treaty. This indicates that there is already an opportunity for learning and for deriving models and success stories. The survey highlights the most important barriers to the realization of farmers’ rights, as perceived by the respondents, and pinpoints at the same time options for overcoming them.
The History of Farmers’ Rights
Document type: Technical report
This background study 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 International Treaty for Plant Genetic Resources
Document type: Technical report
This paper presents overall considerations on the International Treaty on Plant Genetic Resources for Food and Agriculture. The ITPGRFA, reflecting the new orientation given by the Biodiversity Convention, emphasizes the conservation of plant genetic resources for food and agriculture, their sustainable use and benefit sharing. The ITPGRFA focuses on issues not addresed in other international treaties such as farmers' rights but it does not addresses directly patents or plant breeders' rights covered in the TRIPS Agreement and the UPOV Convention respectively.
Community, Farmers' and Breeding rights in Africa
Document type: Working Paper
This paper analyses international and Kenyan legal frameworks for the protection of biodiversity and plant varieties. It looks at TRIPS and the CBD in terms of their coverage, synergies and recent developments. The paper seeks to identify cross-cutting issues and trends pertinent to the protection and enforcement of community, farmers' and breeders' rights through suis generis systems. It argues that laes protecting biodiversity in general and plant varieties in particular are steeped in favour of individual property rights not suited to protecting those of the community.
The Impact of Climat Change on Countries' Interdependence on Genetic Resources for Food and Agriculture
Document type: Technical report
This paper investigates the impact that climate change will have on countries’ interdependence on genetic resources for food and agriculture. It has been developed for submission to the twelfth session of the Commission on Genetic Resources for Food and Agriculture on 19–22 October 2009 which concerns access and benefit-sharing norms. The extent of countries’ interdependence on categories or sectors of genetic resources is a potentially important consideration when evaluating, and or developing, access and benefit-sharing norms.