Concluding Remarks to presentation of Farmers’ varieties and Seed Exchange: Day 2 Session
Dr.Nagarajan, Chairman, Protection of Plant Varieties – Farmers’ Rights Authority, New Delhi
The program has shown the vibrancy and resilience of farmers. From the presentations and Seed exchange it is clear that such efforts can be very successful. It would be even better if farmers can be organized and bring more science into their arguments so that they will be heard with greater respect. They should try to incorporate to the extent possible, more scientific methods in their activities.
Maintenance breeding is a very important aspect. Green Foundation is requested to organize and conduct training programs in Kannada in maintenance breeding. This should cover how to maintain seeds, how to select and characterize, how to reduce seed moisture content, how to sow, and preserve from year to year. There can be very simple methods such as collecting and storing seeds in tinfoil pouches, this can keep the seeds viable for even as long as up to 2 to 3 years. Farmers should be encouraged to invent simple low cost techniques for this activity by their innovation. For instance an evaporative cooling system can be created for the purpose of storing seeds. Mud/brick walls can be constructed to keep the space cool. Such cost effective efficient ways can be innovated to preserve seeds.
The other aspect is educating farmers to understand the legal issues in registration process. If the farmers actually understood the law there would be no fear on their part with regard to registration.
In the eyes of the law, farmers’ variety is one which has been cultivated traditionally over a long period of time. These varieties then belong to the community. If a variety is grown in 1 or 2 villages, these villages become a nucleus for this variety. If it is possible, this nucleus should be identified, if not, the district can come together and claim that a particular variety belongs to them. By forming farmers associations, these associations can come together and collectively register and hence protect such a variety. The need for collectivism and making a group effort in protecting farmers’ varieties through groups and networks is very important.
And finally, if the University is involved, it is important to know whether the University has made a recommendation or whether it has notified with regard to farmers’ varieties. For instance, if the University has helped in multi location testing, then the farmer has a right according to law that if the variety is notified, then the farmer also has access to sharing in the benefits.
Jury Recommendations
Ten farmers presented their case before the jury. After careful deliberations, the jury recommended the following:
The opinion voiced by the farmers and other speakers like Dr. Narayana Reddy, a senior organic farmer, reflected the fact that there were practical problems with farmers accessing the authority to register their varieties. The Jury laid emphasis on the fact that the process of registering should be facilitated regionally by forming one committee for each of the 22 agroclimatic Zones. Each committee should be represented by members drawn from:
- The Panchayat
- Farmers
- NGOs from the region
- Scientist/ Plant Breeder from any of the research institutions of
- Government in the region
Since it is the duty of the state to protect the rights of farmers, the Committee should move about and identify farmers' varieties that can be registered under PPV by following due and proper procedure.
The PPV authority has the obligation to ensure that equity and benefit sharing is done to the holder of the right since it is already emphasized in the Act.
It is further recommended to strengthen this provision in the Act. The terms of benefit sharing may be evolved through a consultation process between the committee and the farmer.
Equity and benefit sharing must be based on
- Market potential
- Benefits expected
- Revisions of assessment of benefits at regular intervals
Farmers should be excluded from the Seeds Bill, since many of the provisions within the Seeds Bill are undoing the benefits derived from the PPV and FR Act.
Farmers must be given all help and incentives to conserve and propagate their varieties. Once a farmer's variety is registered under the Act, the State should endeavor to promote the variety for commercial use and extend help for conservation, as the case may be.
It should be noted that Dr.Nagarajan had to leave during the Jury deliberations since he had to travel to Delhi. Hence was not present during formulation of the recommendations.
Other inputs from the participants
1. Format for registered farmers’ variety -- this is lacking in the existing set of forms.2. Local language version of the acts/rules/consequent notifications.3. Include CSOs/NGOs/Networks of the NGOs to the mailing database of the Authority.4. Upload database/list of varieties in the NBPGR collection/possession on the Authority website.5. Effective outreach programs by the Authority; more in number, and in more regional languages.
Dr. M K Ramesh, National Law School of India University, Bangalore
1. Putting farmers first, should be a priority for the plant varieties and seeds laws in India.
2. The plant varieties law should clearly articulate and catalogue the distinct rights of farmers. It should be clearly distinct from breeders’ rights. This has to be in line with the International Treaty on Plant Genetic Resources for Food and Agriculture, 2001, to which India is a party.
3. The paradox and anomaly of the plant varieties law in providing for 'inclusions' of bio resources for protection and thereby actually weakening the defence mechanism for their conservation and protection ought to get eliminated. The second amendment to patents law, through 'exclusions' appears to have provided safeguards against bio piracy, protected seeds, varieties, species and essential processes for production or propagation of plants and animals. Plant varieties law ought to take a leaf out of this development.
4. It is imperative that the plant variety law and seed law come within the pale & purview of EPA & Biodiversity Act. The linkages and jurisdiction aspects require strengthening & reinforcement.5. A sui generis system for protection -- plant varieties and farmers’ rights ought to be evolved. This can be accomplished only through a series of consultations with the farming community & ensuring that they are a part of the decision making process.
Raghunandan Velankar
There is a need for creating an indigenous national register of Plant Varieties with the collections from the NBPGR. Issues to be addressed:
1. Can the authority support on farm conservation by creating a regional network?
2. Will the authority make available local varieties to farmers?
3. Can the authority establish technical and scientific committees to evaluate accessions?
4. How will the authority recognise that the heritage of the local and traditional varieties belongs to local communities?
Kamalesh Adhikari, SAWTEE
1. South Asian countries have a shared bio resource base. Since South Asian countries do not have any treaties for sharing varieties, a beginning can be made by sharing their databases on plant varieties that have been registered by respective countries.
2. Negotiations under free trade agreements (FTAs) and bilateral Investment treaties are forcing the hands of numerous developing countries to accede to TRIPs+ conditions. India must exercise extreme caution in all such negotiations that may undermine the efforts of farmers to develop plant varieties.
3. India must not accede to UPOV or ratify the Budapest treaty.
Dr. Vanaja Ramprasad, GREEN FOUNDATION "It is important that the farmers traditional knowledge and genetic resources are protected from IPRs." This national consultation is an important forum to ensure this.
Concluding Remarks by Justice Sawant
Since 1980, there have been various attempts all over the world to take away the means of livelihood from farmers. Even in our own country this has happened in many ways, in the form of land grabbing by multinational companies, SEZs, industry and so-called development, including acquisition of land and minerals for MNCs. Even after independence, two subjects have been continually neglected: Agriculture and education.
Though it is the backbone or our economy, agriculture has been the most neglected. And now legislations such as PPVFRA go even beyond land grabbing to create a monopoly over agricultural products. Farmers should organize themselves and should know their rights. NGOs such as the Green Foundation should help to create awareness in farmers with regard to their rights, otherwise, any legislation or seminar conducted in this regard will be merely a palliative. |
