Harmonisation of seed laws in Africa.indd - Never Ending Food

GRICULTURE, ENERGY AND LIVELIHOOD SERIES
FANRPAN
Food, Agriculture and Natural Resources Policy Analysis Network (FANRPAN) is funded by USAID to
implement the Harmonized Seed Security Project (HaSSP) and it is targeting regionalised variety
testing and registration. Joe Cortes of Iowa State University has been contracted to assist SADC in
this process and drafted a model law for SADC countries. In 2006, SADC approved a harmonised
seed regulatory system and agreed to develop a PVP Protocol, which was adopted in 2011. In the
SADC protocol, the ‘farmers privilege’ is extended only to ‘subsistence’ farmers. 88
Even Wynand van der Walt, from the pro GM lobby group AfricaBio, questions the practicalities of
implementing UPOV 1991, and acknowledges that the pitfall for SADC is the ‘inability to regulate
farmers’ privilege in most countries where 50 to 90 per cent of seed comes from informal systems
and where farm saved seed is rampant.’ He also acknowledges that with PVP in place, it is a concern
and possibility that seed companies might be focusing on hybrids and holding back improved openpollinated
varieties. 89
All the countries in the SADC region have a growing commercial seed sector, with South Africa
having by far the biggest commercial seed market in Africa. The rest of Africa’s hybrid seed trade
is financed through donor grants for aid or development programmes. Whether big or small, seed
companies concentrate on a few high value commercial crops and not on self- and open-pollinated
crops. These are of lower commercial value, but critical for food security in SADC areas with low
rainfall. 90
Alliance for a Green Revolution in Africa (AGRA)
AGRA’s Programme for Africa’s Seed Systems (PASS) is at the heart of an initiative to replace existing
seed systems with high-input, hybrid seeds. Its Agro-dealer programme is a distribution system
for these new seeds and the Policy and Partnerships Programme lobbies governments directly and
through regional bodies to fast-track legislation that will rapidly protect and reward seed companies
for being ‘partners’ in this venture.
AGRA’s policy interventions on seed policy resemble a seed-industry wish-list and include:
• Supporting the strengthening of internal seed laws and regulations;
• Advocating for minimal delays in the release of new varieties;
• Advocating for the easy access to public germplasm;
• Supporting the implementation of regionally harmonised seed laws and regulations; and
• Working to eliminate trade restrictions. 91
In April 2009, AGRA launched the African Seed Investment Fund (ASIF), which provides risk capital
to seed companies operating in eight countries in eastern and southern Africa (Ethiopia, Kenya,
Malawi, Mozambique, Rwanda, Tanzania, Uganda and Zambia) to improve the delivery of certified
seed to smallholder farmers.
During 2012, the ACB (Africa Centre for Biosafety) published its paper on AGRA, 92 which looked
in detail at its seed initiatives. We conclude that AGRA is undoubtedly laying the groundwork
for the commercialisation of African agriculture and its selective integration into global circuits
of accumulation. The shadow of Monsanto, DuPont, Syngenta and other seed and agrichemical
multinationals and equity funds lies just behind the scenes of AGRA’s show. Building new markets
and market infrastructure for commercial seed in Africa opens the door for future occupation by
Harmonisation of Africa’s seeds laws: a recipe for disaster 31