The Zambia Alliance for Agroecology and Biodiversity ZAABS has called on the seed control certification institute to withdraw the plant breeders' Rights Bill saying it is infringing on the farmers rights.
Speaking at the media briefing in Lusaka today, ZAAB Country Coordinator Mutinta Nketeni has observed that the current PBR Act is already in line with the trips agreement and adequately protects plant breeders' Rights.
Ms Nketani noted that the current PBR Act is already in line with the TRIPS agreement and adequately protects Plant breeders rights .
"ZAAB members have been following the developments in Zambia's seed and plant variety protection laws since 2010. By 2020, we were aware that the two laws governing seed in Zambia were being amended as amendments to the plant variety and seeds Act (amended 1995) that began in 2018 to align with the COMESA seed Trading harmonisation regulations. The Act and it's regulations focus on production, certificate and marketing of seed. Amendments to the Plant Breeders’ Rights (PBR) Act (2007) to align with the UPOV1991 standards in order for Zambia to become a member. The PBR Act is concerned with providing plant breeders with exclusive rights to varieties they develop, whilst limiting others’ use rights to these varieties. Between 2021 and 2023, ZAAB made at least 3 submissions to the Ministry of Agriculture though the Permanent Secretary’s Office and to the Seed Control and Certification Institute (SCCI) on why a country like Zambia should not align its laws with the UPOV standards of 1991, let alone join the Union"Ms Nketani said.
Ms Nketani said there is need to develop and adopt a comprehensive and cohesive legal frameworks to fully implement Zambia's obligation to the International Treaty on Plant Genetic Resources for food and Agriculture ITPGRFA and specifically farmers rights.
"Develop and adopt a comprehensive and cohesive legal framework to fully implement Zambia’s obligations of the ITPGRFA and specifically Farmers Rights. This should include developing a flourishing national seed sector based on farmer and diverse seed appropriate for varied local agroecological conditions," She noted.
She has also recommended that there is a need to facilitate an open and transparent national discussion on farmers' rights.
"Facilitate an open and transparent national discussion on Farmers’ Rights. Such open engagement with stakeholders from the farmer and formal seed and agricultural sectors, civil society, and relevant ministries must also be undertaken before any amendment to seed legislation takes place and order to shape comprehensive new guiding principles for Zambia’s seed systems," She added.
She said the current PBR Act is already in line with the TRIPS Agreement and adequately protects plant breeders’ rights and so no further revisions in line with UPOV should be made.
"Abandon efforts to pass repeal and adoption of the Proposed new PBR Bill to align with and attempt to officially join UPOV. The current PBR Act is already in line with the TRIPS Agreement and adequately protects plant breeders’ rights and so no further revisions in line with UPOV should be made,"Ms Nketani said.
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