Community, Farmers' and Breeders' Rights in Africa:
Towards a Legal Framework for Sui Generis Legislation
|Kameri-Mbote, Patricia (2003):
Farmers' and Breeders' Rights in Africa: Towards a Legal Framework for Sui
University of Nairobi Law Journal,
This article begins with an
introduction to the concepts of community, farmers' and breeders rights, and
goes on to present the main features of the international context for
recognition of these rights, i.e. international agreements. On this basis,
Kameri-Mbote discusses the African context and draws conclusions as to how a
sui generis system could be designed.
She recommends that farmers'
rights should be explicitly included in such a system. An important point is
that such rights should not require prior declaration or registration. They
should comprise the right to use, exchange and market farm-saved seeds; the
right to protection of traditional knowledge; to benefit-sharing and
participation in decision making at the national levels. They should also
involve the right to information, which is a pre-condition for active
participation in decision making. Finally, customary laws and practices of
concerned communities should be applied in the protection of farmers' rights.
The author concludes that the OAU Model Law provides a good basis for beginning
for rethinking legal systems pertaining to the management of plant genetic
resources for food and agriculture.