The History of Farmers' Rights - Fridtjof Nansens Institutt

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Copyright © The Fridtjof Nansen Institute 2005 Title The History of Farmers' Rights: A Guide to Central Documents and Literature Publication Type and Number FNI report 8/2005 Author Regine Andersen Programme or Project Abstract Pages 50 ISBN 82-7613-477-7 ISSN 0801-2431 The Farmers’ Rights Project has been set up to facilitate a common understanding and develop an empirical basis for proposals to the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture on concrete measures to be taken to implement its provisions on farmers’ rights. 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 substantial and increasing body of literature on farmers’ rights provides a valuable source of insights in the potentials for, and possible difficulties in, realizing farmers’ rights. Although authors differ in their points of departure, emphases and perspectives, their contributions are largely compatible. The literature provides important points of departure for understanding the subject matter of farmers’ rights, types of rights, rights holders, and appropriate measures for protecting and promoting these rights. It also draws lessons from initial efforts at realizing these rights, and warns against certain tendencies which might prove counterproductive. The findings from this study will be further deepened in other studies from the Farmers’ Rights Project, and conclusions from the project will be presented in the final report. Key Words: farmers’ rights, plant genetic resources for food and agriculture, FAO, ITPGRFA, agrobiodiversity, biodiversity, access to genetic resources, traditional knowleege, benefit sharing, intellectual property rights Orders to: Fridtjof Nansen Institute Tel: (47) 6711 1900 Postboks 326 Fax: (47) 6711 1910 N-1326 Lysaker, Norway. Email: post@fni.no Internet: www.fni.no The Farmers Rights Project: www.fni.no/farmers/main.html
i Contents Preface Executive Summary iii v 1 Introduction 1 2 Central documents from international negotiations 2 2.1 Origin of the concept of farmers’ rights in FAO 3 2.2 A note on the Keystone Dialogues 10 2.3 Conference Resolutions on farmers’ rights in 1989 and 1991 11 2.4 Convention on Biological Diversity and Agenda 21, 1992 15 2.5 Global Plan of Action for the Conservation and Sustainable Utilization of Plant Genetic Resources for Food and Agriculture 17 2.6 The International Treaty on Plant Genetic Resources for Food and Agriculture 20 2.7 Links between the CBD and the International Treaty 22 2.8 Where we stand 23 3 Acts of legislation and policies on farmers’ rights 24 4 Literature on farmers’ rights 25 4.1 Major works on farmers’ rights – global level 25 4.2 Articles and book chapters on farmers’ rights – global level 31 4.3 Major works and articles on farmers’ rights – regional and national levels 36 4.4 Lessons from the literature on farmers’ rights 42 5 Other literature of relevance for farmers’ rights 44 5.1 Background literature on intellectual property rights 45 5.2 Background literature on the International Treaty 45 5.3 Other background literature on the management of plant genetic resources 46 6 Conclusions 48 Attachment 1: Provisions Pertaining to Farmers' Rights in the International Treaty on Plant Genetic Resources for Food and Agriculture 49
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49 ATTACHMENT 1: PROVISIONS PERTAIN
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