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.
Our new Research Brief The Rights to Food Sovereignty and to Free, Prior and Informed Consent presents the protection of these rights at international, regional and national levels and defines the main elements of the rights that could be included in the UN Declaration on the rights of peasants and other people working in rural areas. It will be presented at the 5th session of the intergovernmental working group on the rights of peasants and other people working in rural areas which aims to finalize the UN Declaration.
Our new Research Brief The Right to Land and Other Natural Resources summarizes key findings linked to the recognition of the right to land and other natural resources in the context of the current negotiation of a UN Declaration on the rights of peasants and other people working in rural areas at the UN Human Rights Council.
This public conference provides an opportunity to discuss the contributions of UN human rights mechanisms to the monitoring of the SDGs that seek to realize ESCR and their collaboration with the High-level Political Forum on Sustainable Development.&am
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.
© ILO/ Joydeep Mukherjee
This project aims to support the UN working group’s consultation process and thus contribute the promotion and protection of human rights and gender equality in relation to the business sector via research on international human rights law and policy related to gender equality guarantees and their application to business activities, and the organization of a global conference in Geneva.
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.