Our new Research Brief The Right to Seeds and Intellectual Property Rights summarizes key findings linked to the recognition of peasants’ right to seeds in the context of the current negotiation of a UN Declaration on the rights of peasants and other people working in rural areas (UN Declaration) at the UN Human Rights Council (HRC).
For over 10,000 years, peasants have saved, selected, exchanged and sold seeds, as well as used and reused them to produce food.
While these customary rights have been recognized in international law since 2001, peasants are faced with significant challenges. The promotion of commercial seed systems and the adoption of national laws for the implementation of international trade agreements often prioritize the protection of private intellectual property rights over seeds at the expense of peasant communities. ‘This tendency to protect commercial interests of plant breeders and patent-holders – in many cases corporations – often runs against peasants’ rights to food and seeds’ underlines Christophe Golay, the author of the report.
Today, the vast majority of people living in rural areas in developing countries rely on peasant food and seeds systems. The recognition of the right to seeds in the UN Declaration is therefore crucial for the realization of peasants’ human rights, notably their right to food.
As HR are higher norms than intellectual property rights, such recognition would require the revision of national laws and trade agreements to make sure that they do not infringe, but facilitate the realization of peasants’ rights to food and seeds.
‘There are precedents that show that this can be done’ highlights Christophe Golay. The recognition of the rights to health and access to medicine in the context of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS agreement) at the World Trade Organization (WTO) in 2001 is one of them. Another is the adoption of the 2001 Protection of Plant Varieties and Farmers Rights Act in India.
‘In drafting the UN Declaration, negotiators should recognize the core elements of the right to seeds’ stresses Christophe Golay. ‘These include peasants’ rights to save, exchange, donate, sell, use and reuse farm-saved seeds of peasants’ varieties, and to maintain, control, protect and develop these seeds and property over them’ he adds.
The project uses the new draft UN Declaration on the rights of peasants and other people working in rural areas as a reference to promote changes in European laws, policies and trade agreements to ensure that these facilitate the realization of peasants’ right to seeds.
Next Friday, at the Palais des Nations, more than 60 participants – academics, experts, states’ representatives and representatives of non-governmental organizations and social movements – will gather to discuss the right to food sovereignty and other collective rights in the context of the current negotiation of the UN Declaration on the rights of peasants and other people working in rural areas.
Panelists will share good practices and challenges in supporting the use of the Voluntary Guidelines on the right to food at national and global levels.
Nicolas Axelrod / Ruom
Cette formation en ligne permet d’acquérir une connaissance approfondie des droits économiques, sociaux et culturels (DESC), des obligations des états et des mécanismes chargés de les protéger et de surveiller leur mise en œuvre.
The project will notably identify, via the publication of a guide, expert workshops and the participation of key European partners in the negotiations of the UN Declaration, the main opportunities and obstacles to protect the right to seeds in Europe. It will also discuss how to promote changes in European laws, policies and trade agreements to ensure that they do not infringe, but facilitate the realization of peasants’ right to seeds.
This project examines the relationship between the right to food and gender equality in ensuring food security in the context of land commercialization in two case-study countries, Cambodia and Ghana.