S. Bala Ravi, advisor, MS Swaminathan Research Foundation, India Gracian Zibelu Banda, Executive Director, CEPA, Malawi
Manuel Ruiz Muller, Executive Director, SPDA, Peru Maria Scurrah de Mayer, President, Grupo Yanapai, Peru
Peter Gildemacher, Crop and Weed Ecology group Wageningen UR, CIP Sub Sahara Africa Pratap K. Shrestha, Executive Director, LI-BIRD, Nepal
Stef de Haan, International Potato Center (CIP), Peru Vanaja Ramprasad, GREEN Foundation, India Willy Roca, International Potato Center (CIP), Peru
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ANNEX 3: Excerpts from the ITPGRFA
PROVISIONS PERTAINING TO FARMERS' RIGHTS IN THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES
FOR FOOD AND AGRICULTURE
From the Preamble The Contracting Parties,
(...) Affirming that the past, present and future contributions of farmers in all regions of the world, particularly those in centres of origin and diversity, in conserving, improving and making available these resources, is the basis of Farmers' Rights.
Affirming also that the rights recognised in this Treaty to save, use, exchange and sell farm-saved seed and other propagating material, and to participate in decision-making regarding, and in the fair and equitable sharing of the benefits arising from, the use of plant genetic resources for food and agriculture, are fundamental to the realisation of Farmers' Rights, as well as the promotion of Farmers' Rights at national and international levels.
Article 9 – Farmers' Rights
9.1 The Contracting Parties recognise the enormous contribution that the local and indigenous communities and farmers of all regions of the world, particularly those in the centres of origin and crop diversity, have made and will continue to make for the conservation and development of plant genetic resources which constitute the basis of food and agriculture production throughout the world.
9.2 The Contracting Parties agree that the responsibility for realising Farmers' Rights, as they relate to plant genetic resources for food and agriculture, rests with national governments. In accordance with their needs and priorities, each Contracting Party should, as appropriate, and subject to its national legislation, take measures to protect and promote Farmers' Rights, including:
d. protection of traditional knowledge relevant to plant genetic resources for food and agriculture;
e. the right to equitably participate in the sharing of benefits arising from the utilisation of plant genetic resources for food and agriculture; and
f. the right to participate in making decisions, at the national level, on matters related to the conservation and sustainable use of plant genetic resources for food and agriculture.
9.3 Nothing in this Article shall be interpreted to limit any rights that farmers have to save, use, exchange and sell farm-saved seeds/propagating material, subject to national law as appropriate.
From Article 13 – Benefit Sharing in the Multilateral System
13.3 The Contracting Parties agree that benefits arising from the use of plant genetic resources for food and agriculture that are shared under the Multilateral System should flow primarily, directly and indirectly, to farmers in all countries, especially in developing countries, and countries with economies in transition, who conserve and sustainably utilise plant genetic resources for food and agriculture.
From Article 18 – Financial Resources
18.5 The Contracting Parties agree that priority will be given to the implementation of agreed plans and programmes for farmers in developing countries, especially in the least developed countries, and in countries with economies in transition, who conserve and sustainably utilise plant genetic resources for food and agriculture.
In addition, several other provisions are relevant, particularly on conservation (Art. 5), sustainable use (Art 6) and on the multilateral system (Part IV).
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ANNEX 4: Resolution on Farmers’ Rights by the Governing Body of the ITPGRFA
Resolution on Farmers’ Rights adopted by the Governing Body of the International Treaty on Plant genetic Resources for Food and Agriculture at its Second Session (29 October–2 November 2007), 1 November 2007
THE GOVERNING BODY,
Recalling the recognition in the International Treaty of the enormous contribution that local and indigenous communities and farmers of all regions of the world have made, and will continue to make, for the conservation and development of plant genetic resources as the basis of food and agriculture production throughout the world;
Recalling the importance of fully implementing Article 9 of the International Treaty;
Recalling also that according to Article 9 of the International Treaty, the responsibility for realizing Farmer’ Rights, as they relate to plant genetic resources for food and agriculture, rests with national governments;
Acknowledging that there is uncertainty in many countries as to how Farmers’ Rights can be implemented and that the challenges related to the realization of Farmers’ Rights are likely to vary from country to country;
Recognizing that exchange of experiences and mutual assistance between Contracting Parties can significantly contribute in making progress in the implementation of the provisions on Farmers’ Rights in the International Treaty;
Recognizing the contribution the Governing Body may give in support of the implementation of Farmers’ Rights;
Encourages Contracting Parties and other relevant organizations to submit views and experiences on the implementation of Farmers’ Rights as set out in Article 9 of the International Treaty, involving, as appropriate farmers’ organizations and other stakeholders;
Request the Secretariat to collect these views and experiences as a basis for an agenda item for consideration by the Governing Body at its Third Session to promote the realization of Farmers’
Rights at the national level, and to disseminate relevant information through the website of the International Treaty, where appropriate;
Appreciates the involvement of farmers’ organizations at this Second Session and affirms its commitment to continue to involve farmers’ organizations in its further work, as appropriate, according to the Rules of Procedures established by the Governing Body.
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