Promoting the rights of farmers and their varieties under seed policies on the African continent

Access to seed in the African agricultural environment remains a challenge for many (small-scale) farmers despite numerous efforts to address the problem. Seed systems in Africa are viewed as being constituted by two parts: a formal system, and a farmer-managed seed system (also referred to as informal seed system). Civil society actors have expressed ongoing concerns that new seed legislations threaten farmers’ rights which play an important role in the availability of seed supplied by farmer-managed seed systems. With a view to informing policy dialogue, DeSIRA-LIFT commissioned a review of the main seed policy frameworks that affect farmers’ rights to seed in Africa. This policy brief summarizes the findings of the review, and presents key recommendations for policy makers in Africa and in the European Union.

Key messages:

1. A variety of international treaties and instruments influence continental, regional and national seed policies and legislation levels in Africa. Their lack of clarity complicates finding a right balance between breeders’ rights and farmers’ rights to the use of seed. 

2. Although UPOV 1991 does not explicitly recognize farmers’ rights to save, use or exchange seed, the Arusha protocol and SADC protocol on Plant Variety Protection (PVP), as well as EU experience shows that exemptions to safeguard farmers’ rights are possible to co-exist with breeders’ rights. However, there is a current lack of coherent and well-defined criteria that would make such exemptions and co-existence actionable. 

3. The AU Seed Harmonisation Guidelines recognize farmermanaged seed systems, providing an opportunity to give clearer guidance on the implementation of farmers’ rights in regional and national seed laws, showcasing best practices of AU Member States. 

4. Efforts should be made to have a continent-wide system of recognition and protection of farmer varieties, landraces and indigenous varieties in Africa. This could be addressed in the seed harmonisation guidelines and the African Common Free Trade Agreement (AfCFTA) at continental level, as well as in national seed policies and legislation. 

5. The EU has long experience in balancing the rights of Plant Variety Protection (PVP) holders and those of small-scale farmers, as well as protection of indigenous crop varieties and landraces; this is a transferrable experience to the African continent where improving seed policy coherence is necessary. 

6. The debate on farmers’ rights to seed is confounded by unclear definitions and differing connotations of terms such as farmers’ rights, farmer varieties, or breeders’ rights. A common understanding of what farmers’ rights, farmer varieties and breeders’ rights are in Africa should be sought so that the rights and obligations that accrue to each term are also well understood.