Open Letter to the Member States of the African Regional Protocol for the Protection of New Varieties of Plants

24 November 2016

Excellency,

On 5 December, the Administrative Council of the African Regional Intellectual Property Office (ARIPO) will meet to adopt the draft regulations to the Arusha Protocol for the Protection of New Varieties of Plants (“Arusha Protocol”). As the Special Rapporteur on the right to food, I would like to share my concerns with regard to the considerable negative impacts that the Protocol and its Draft Regulations may have in relation to fulfilling the right to food in ARIPO Member State countries.

It is my understanding that these draft regulations are aimed at facilitating the implementation of the Arusha Protocol, which will come into force twelve months after four States have deposited their instrument of ratification or accession. I further understand that the Arusha Protocol, adopted on 6 July 2015, is intended to provide a harmonized regional legal framework for the protection of plant breeders’ rights, and according to its Preamble seeks to provide Member States with a regional plant variety protection system to provide growers and farmers with improved varieties of plants in an effort to ensure sustainable agricultural production.

However, it has come to my attention that there is much concern amongst famers’ organisations and networks that the Protocol will negatively impact on the traditional practices of African farmers, in particular freely using, saving, exchanging and selling farm-saved seed and propagating material. These practises, which are the backbone of agricultural systems in Sub-Saharan Africa, have ensured access to and the maintenance of a diverse pool of genetic resources by farmers themselves. Such diversity is key to ensuring food security, long-term sustainability and providing farmers with resilience to natural disasters and the negative effects of climate change.

OpenLettertoARIPOMemberStates 24 11 2016