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The Community Registry as an Expression of Farmers' Rights: Experiences in Collective Action against the Plant Variety Protection Act of the Philippines

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Type: Conference Paper
Author: Arnejo, Alywin D. M.
Conference: CAPRi-IPGRI International Workshop on Property Rights, Collective Action and Local Conservation of Genetic Resources
Location: Rome, Italy
Conf. Date: September 29-October 2, 2003
Date: 2003
URI: https://hdl.handle.net/10535/1118
Sector: General & Multiple Resources
Region: East Asia
Subject(s): farmers' associations
collective action
plant ecology
protected areas
Abstract: "For years, farmers have relied on farm-saved seeds to use, share, exchange and sell to other farmers. They have been practicing a traditional seed supply system based on free and open access to genetic sources. In the Philippines, however, the adoption of the Plant Variety Protection (PVP) Act, or Republic Act 9168, threatens this traditional seed system and farmer's rights to seeds and genetic resources. The Act grants plant breeders exclusive protection or rights over new plant varieties they clain to have developed and will thus restrict farmers' traditional practice of using, saving, exchanging and selling seeds. The Act could also make farmers less willing to share or exchange seeds of protected varieties for fear of violating the law. "In this regard, the project of SEARICE in Bohol, Cenral Philippines embarked on an active information and education campaign and local discussions with farmer-partners to facilitate communities' understanding and analysis of the implications of the law. As a collective response to the PVP Act, the Campagao Farmers' Production and Research Association (CFPRA) of Campagao village in the municipality of Bilar decided to establish a community registry as the community's way of asserting its control over and access to seeds and other genetic resources. "Since 1996, CFPRA members have been involved in rice breeding and varietal selection and they have already developed a number of stable varieties that are widely used among farmers in the local communities. The group recognized the implications and effects of the PVP Act on farmers' efforts in conserving and developing rice varieties considering that the law does not recognize farmers as breeders. The farmer-breeders in Campagao are thus concerned that the rice varieties they have developed might be subjected to the PVP Act. In view of these concerns, the group agreed to set up a community registry to protect local rice varieties from misappropriation and unfair monopolization, and to assert the community's rights over its genetic resources. "After a series of group meetings and discussions, the group formulated a community affidavit declaring that all rice varieties maintained in their community shall be protected from the PVP Act, and that seeds of these varieties shall remain freely accessible to farmers for purposes of using, selling, saving and exchanging with other farmers. The affidavit also includes a list of names and kinds of rice varieties that the community has been using and continually developing since they started their efforts in participatory plant breeding. The registry also includes basic characterization of the varieties. SEARICE project staff assisted the farmers in identifying and documenting the rice varieties used in the community. "The community affidavit is supplement by a Resolution passed by the organization that also details the process of how the entries in the registry will be updated every cropping season. The organization also successfully lobbied with the local village council (barangay council) for the passage of a Council Resolution recognizing and affirming the community affidavit, and expressing full support to the efforts by farmers to protect local genetic resources."

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