Petition against the proposed Plant Breeders' Rights Bill in Zambia: Threats to Human Rights, Biodiversity, National Seed Sovereignty and Climate Resilience.

Petition against the proposed Plant Breeders' Rights Bill in Zambia: Threats to Human Rights, Biodiversity, National Seed Sovereignty and Climate Resilience.  

Preamble

The Zambian government is in the process of repealing and replacing the Plant Breeders’ Rights (PBR) Act of 2007, and a PBR Bill of 2024 has already been drafted and circulated. In the preamble of the Bill document, the only reason this is being done is to align the Zambian Act to the 1991 Act of the International Union for the Protection of New Varieties of Plants (UPOV Convention), there is no mention of this being done in national interest. This is foreign Union (European) that dictates word-for-word the contents of national law for the country to join. This petition is a people’s protest against the proposed move to join UPOV and against the curtailing of farmers’ seed practices that are key to national food and nutrition security and food sovereignty.

Petition

We, the undersigned concerned citizens of Zambia from all walks of life, express our deep concern about the proposed Plant Breeders' Rights Bill. This Bill, which differs significantly from the current Plant Breeders' Rights Act of 2007, is in line with the recommendations of the International Union for the Protection of New Varieties of Plants (UPOV). These proposed changes advocate the privatisation of seeds, increasing corporate control over seed markets and threatening the free sharing of genetic resources.  

The new draft law: ·     

• Is inappropriate for Zambia's agricultural context and development needs.
• Has been driven not by national interests but by foreign corporate and private intervention
• Will curtail farmers' rights, control the activities of small-scale and commercial farmers, and increase the cost of seeds, thereby escalating food prices.
• Will impede Zambia's quest for national food sovereignty and local economic development
• Contradicts other international instruments such as the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), to which Zambia is a signatory, which upholds the rights of farmers to save, share and reuse farm-saved seed.  

Specific changes in the proposed law  

Farmers' Rights:

The current Plant Breeders' Rights Act (2007): ·     

• Allows farmers to save, share and use seeds for non-commercial purposes.

The Proposed PBR Bill (2024) on the other hand:

• Restricts farmers' rights to save, share and use seeds for non-commercial purposes (Section 8).
• Undermines traditional farming practices, community networks and local food systems, while increasing costs for farmers.
• Violates international commitments to human rights, biodiversity conservation, and climate change adaptation and mitigation.  

Breeders' Rights:

Current Plant Breeders' Rights Act (2007):

• Grants certain rights to plant breeders, while allowing farmers to use seeds for non-commercial purposes and for research or teaching.

Proposed Bill (2024): ·     

• Extends breeders' rights, aligning with UPOV Articles 14 and 15, further monopolising the seed market. This will force farmers to buy seeds every season, even if they can replant from their saved seeds; and lead to higher costs for farmers, reduced diversity and increased legal risks.    

Reduced agricultural biodiversity:

Current Plant Breeders' Rights Act (2007):

• Supports agricultural biodiversity by allowing farmers to save and share seeds.

Proposed Bill(2024):

• Introduces restrictions on seed saving and sharing, thereby reducing agricultural biodiversity and increasing vulnerability to pests, diseases and climate change.

Call to Action:

In light of these concerns, we call on the government to:

• Stop efforts to repeal and replace the 2007 Plant Breeders' Rights Act and abandon attempts to formally join UPOV. The current Plant Breeders' Rights Act already complies with all international obligations and significantly encourages investment in the seed sector. There is no compelling reason for Zambia to join UPOV.
• Involve all stakeholders - farmers, NGOs, community leaders, traditional leaders and other representatives - in extensive consultations on farmers' rights and Zambia's seed sector development needs before any changes are made to the seed legislation.
• Ensure provisions that enable and further support, rather than hinder, farmers' seed systems and development practices that are the foundation of agricultural biodiversity and local food security.
• Intervene in the process to amend this legislation in the interests of national and food sovereignty.  

The impact: About 33% of maize in Zambia is saved by farmers, representing about 25% of the total harvest. The situation is even more critical for pulses, millet, sorghum, cassava and sunflower, where the majority of seeds are saved by farmers. If passed, the bill would make these vital crops 'illegal', threatening food security and farmers' livelihoods.  

By signing this petition, you stand with concerned citizens of Zambia from all walks of life to protect farmers' rights and ensure fair treatment, diverse agriculture and sustainable practices.

GEORGINA NKALA, Mobile: +260 953 663 377 (Email: admin@zambianagroecology.org )and CONSTANTINO CHISI: ZAMBIAN COALITION FOR LOCAL CULTURAL SEED SOVEREIGNTY    Contact the author of the petition