AfricaFocus Bulletin
February 18, 2015 (150218)
(Reposted from sources cited below)

Editor’s Note

“The G8 New Alliance for Food Security and Nutrition was launched in
2012 by the eight most industrialised countries to mobilise private
capital for investment in African agriculture. To be accepted into
the programme, African governments are required to make important
changes to their land and seed policies. … [for example] Despite
the fact that more than 80% of all seed in Africa is still produced
and disseminated through ‘informal’ seed systems (on-farm seed
saving and unregulated distribution between farmers), there is no
recognition in the New Alliance programme of the importance of
farmer-based systems of saving, sharing, exchanging and selling
seeds.” – Alliance for Food Sovereignty in Africa and GRAIN, January
2015

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Countless reports by global and African agencies highlight the
critical role for agriculture in African development. Almost all
agree that small farmers are key to addressing poverty and food
insecurity. But many policies, such as those described in this new
report from the Alliance for Food Sovereignty in Africa and GRAIN,
lead in practice to empowerment of agribusiness giants rather than
small farmers. By imposing legal frameworks based on Western
industrial agriculture, powerful interests make a mockery of
international pledges to help small farmers.

This AfricaFocus Bulletin contains excerpts from the report “Land
and Seed Laws under Attack: Who is pushing changes in Africa?” (full
report available at http://tinyurl.com/m5g8zje)

For summary talking points and previous AfricaFocus Bulletins on
food and agriculture issues, visit
http://www.africafocus.org/intro-ag.php

There are a host of reports on specific cases of land grabs and
sometimes on successful challenges to them. The sources cited below
are only a sampling.

For a report by Nigerian and international groups on a recent
contested case of land grabbing in Taraba state in eastern Nigeria
(a rice plantation under the control of U.S.-based agribusiness firm
Dominion Farms), see http://tinyurl.com/pr463qr

For a recent case in Senegal, researched by ActionAid, visit
http://tinyurl.com/mrhhuy4 For more information on ActionAid work on
land rights, visit http://tinyurl.com/pdt7kny

For a case in Ghana, where Herakles Farms abandoned its investments
after community protests, see the report by the Africa Faith and
Justice Network (http://afjn.org; direct URL:
http://tinyurl.com/mfftstg).

In addition to the organizations cited in this report, and the cases
just cited, AfricaFocus particularly recommends, for case studies
and current information on the status of land grabbing in Africa,
the website of the Oakland Institute at
http://www.oaklandinstitute.org/land-rights-issue The Oakland
Institute and other groups are active in a campaign to have the
World Bank stop promoting land grabs through its “doing business”
ratings. Visit http://ourlandourbusiness.org/ for more details.

For extensive research on seeds and food sovereignty in Africa, see
also the website of the African Centre for Biosafely (
http://www.acbio.org.za/)

+++++++++++++++++++++++++++++++++++++++++++++++++

Ebola Perspectives

[AfricaFocus is regularly monitoring and posting links on
Ebola on social media. For
additional links, see http://www.facebook.com/AfricaFocus]

New and of particular interest:

Jina Moore, Buzzfeed, February 12 http://tinyurl.com/mjagccr – map
showing Liberia “very close” to end of Ebola. Total number of days
since last case over 21 in all counties except Montserrado
(Monrovia)

WHO, Situation Report, February 11 http://tinyurl.com/lygs4b5
Not quite as optimistic. “Total weekly case incidence increased for
the second consecutive week, with 144 new confirmed cases reported
in the week to 8 February.” Cases up in Guinea and Sierra Leone,
although still low in Liberia.

Shawn Radcliffe, Healthline, “Ebola Crisis Eases in Africa. Now
What?” February 12 http://tinyurl.com/n8p7csf
Need for vigilance, plus long-term planning for recovery of
economies & building sustainable health systems

++++++++++++++++++++++end editor’s note+++++++++++++++++

Land and Seed Laws under Attack: Who is pushing changes in Africa?

Report

Alliance for Food Sovereignty in Africa (AFSA; http://afsafrica.org)
and GRAIN ( http://www.grain.org)

[Full text of report at http://tinyurl.com/m5g8zje and
http://www.grain.org /e/5121]

January 2015

Who is pushing changes in Africa?

…

A battle is raging for control of resources in Africa — land,
water, seeds, minerals, ores, forests, oil, renewable energy
sources. Agriculture is one of the most important theatres of this
battle. Governments, corporations, foundations and development
agencies are pushing hard to commercialise and industrialise African
farming.

Many of the key players are well known. They are committed to
helping agribusiness become the continent’s primary food commodity
producer. To do this, they are not only pouring money into projects
to transform farming operations on the ground — they are also
changing African laws to accommodate the agribusiness agenda.

Privatising both land and seeds is essential for the corporate model
to flourish in Africa. With regard to agricultural land, this means
pushing for the official demarcation, registration and titling of
farms. It also means making it possible for foreign investors to
lease or own farmland on a long-term basis. With regard to seeds, it
means having governments require that seeds be registered in an
official catalogue in order to be traded. It also means introducing
intellectual property rights over plant varieties and criminalising
farmers who ignore them. In all cases, the goal is to turn what has
long been a commons into something that corporates can control and
profit from.

This survey aims to provide an overview of just who is pushing for
which specific changes in these areas — looking not at the plans
and projects, but at the actual texts that will define the new
rules. It was not easy to get information about this … We did
learn a few things, though:

* While there is a lot of civil society attention focused on the
G8’s New Alliance for Food and Nutrition, there are many more actors
doing many similar things across Africa. Our limited review makes it
clear that the greatest pressure to change land and seed laws comes
from Washington DC — home to the World Bank, USAID and the MCC
[Millennium Challenge Corporation].

* Land certificates — which should be seen as a stepping stone to
formal land titles — are being promoted as an appropriate way to
“securitise” poor peoples’ rights to land. But how do we define the
term “land securitisation”? As the objective claimed by most of the
initiatives dealt with in this report, it could be understood as
strengthening land rights. Many small food producers might conclude
that their historic cultural rights to land — however they may be
expressed — will be better recognised, thus protecting them from
expropriation. But for many governments and corporations, it means
the creation of Western-type land markets based on formal
instruments like titles and leases that can be traded. … So in a
world of grossly unequal players, “security” is shorthand for
market, private property and the power of the highest bidder.

* Most of today’s initiatives to address land laws, including those
emanating from Africa, are overtly designed to accommodate, support
and strengthen investments in land and large-scale land deals,
rather than achieve equity or to recognise longstanding or
historical community rights over land at a time of rising conflicts
over land and land resources.

* Most of the initiatives to change current land laws come from
outside Africa. Yes, African structures like the African Union and
the Pan-African Parliament are deeply engaged in facilitating
changes to legislation in African states, but many people question
how “indigenous” these processes really are. It is clear that
strings are being pulled, by Washington and Europe in particular, to
alter land governance in Africa.

* When it comes to seed laws, the picture is reversed. Subregional
African bodies — SADC, COMESA, OAPI and the like — are working to
create new rules for the exchange and trade of seeds. But the
recipes they are applying — seed marketing restrictions and plant
variety protection schemes — are borrowed directly from the US and
Europe.

* The changes to seed policy being promoted by the G8 New Alliance,
the World Bank and others refer to neither farmer-based seed systems
nor farmers’ rights. They make no effort to strengthen farming
systems that are already functioning. Rather, the proposed solutions
are simplified, but unworkable solutions to complex situations that
will not work — though an elite category of farmers may enjoy some
small short term benefits.

…

* With seeds, which represent a rich cultural heritage of Africa’s
local communities, the push to transform them into income-generating
private property, and marginalise traditional varieties, is still
making more headway on paper than in practice. This is due to many
complexities, one of which is the growing awareness of and popular
resistance to the seed industry agenda. But the resolve of those who
intend to turn Africa into a new market for global agroinput
suppliers is not to be underestimated. The path chosen will have
profound implications for the capacity of African farmers to adapt
to climate change.

This report was drawn up jointly by the Alliance for Food
Sovereignty in Africa (AFSA) and GRAIN. AFSA is a pan-African
platform comprising networks and farmer organisations championing
small African family farming based on agro-ecological and indigenous
approaches that sustain food sovereignty and the livelihoods of
communities. GRAIN is a small international organisation that aims
to support small farmers and social movements in their struggles for
community-controlled and biodiversity-based food systems.

The report was researched and initially drafted by Mohamed
Coulibaly, an independent legal expert in Mali, with support from
AFSA members and GRAIN staff. …

Initiatives targeting both land and seed laws

G8 New Alliance on Food Security and Nutrition – Initiated by the G8
countries: Canada, France, Germany, Italy, Japan, Russia, UK and US

– Timeframe: 2012-2022

РImplemented in 10 African countries: Benin, Burkina Faso, C̫te
d’Ivoire, Ethiopia, Ghana, Malawi, Mozambique, Nigeria, Senegal and
Tanzania

The G8 New Alliance for Food Security and Nutrition was launched in
2012 by the eight most industrialised countries to mobilise private
capital for investment in African agriculture. To be accepted into
the programme, African governments are required to make important
changes to their land and seed policies. The New Alliance
prioritises granting national and transnational corporations (TNCs)
new forms of access and control to the participating countries’
resources, and gives them a seat at the same table as aid donors and
recipient governments. As of July 2014, ten African countries had
signed Cooperative Framework Agreements (CFAs) to implement the New
Alliance programme. Under these agreements, these governments
committed to 213 policy changes. Some 43 of these changes target
land laws, with the overall stated objective of establishing “clear,
secure and negotiable rights to land” — tradeable property titles.

The New Alliance also aims to implement both the Voluntary
Guidelines (VGs) on Responsible Land Tenure adopted by the Committee
on World Food Security in 2012, and the Principles for Responsible
Agriculture Investment drawn up by the World Bank, FAO, IFAD and UN
Conference on Trade and Development. This is considered especially
important since the New Alliance directly facilitates access to
farmland in Africa for investors. To achieve this, the New Alliance
Leadership Council, a self-appointed body composed of public and
private sector representatives, in September 2014 decided to come up
with a single set of guidelines to ensure that the land investments
made through the Alliance are “responsible” and not land grabs. As
to seeds, all of the participating states, with the exception of
Benin, agreed to adopt plant variety protection laws and rules for
marketing seeds that better support the private sector. Despite the
fact that more than 80% of all seed in Africa is still produced and
disseminated through ‘informal’ seed systems (on-farm seed saving
and unregulated distribution between farmers), there is no
recognition in the New Alliance programme of the importance of
farmer-based systems of saving, sharing, exchanging and selling
seeds.

African governments are being co-opted into reviewing their seed
trade laws and supporting the implementation of Plant Variety
Protection (PVP) laws. The strategy is to first harmonise seed trade
laws such as border control measures, phytosanitary control, variety
release systems and certification standards at the regional level,
and then move on to harmonising PVP laws. The effect is to create
larger unified seed markets, in which the types of seeds on offer
are restricted to commercially protected varieties. The age old
rights of farmers to replant saved seed is curtailed and the
marketing of traditional varieties of seed is strictly prohibited.

Concerns have been raised about how this agenda privatises seeds and
the potential impacts this could have on small-scale farmers.
Farmers will lose control of seeds regulated by a commercial system.
There are also serious concerns about the loss of biodiversity
resulting from a focus on commercial varieties.

…

The World Bank

The World Bank is a significant player in catalysing the growth and
expansion of agribusiness in Africa. It does this by financing
policy changes and projects on the ground. In both cases, the Bank
targets land and seed laws as key tools for advancing and protecting
the interests of the corporate sector.

The Bank’s work on policy aims at increasing agricultural production
and productivity through programmes called “Agriculture Development
Policy Operations” (AgDPOs).

Besides financing AgDPOs, the World Bank directly supports
agriculture development projects. Some major World Bank projects
with land tenure components are presented in Annex 2, with a focus
on the legal arrangements developed to make land available for
corporate investors. These projects are much more visible than the
AgDPOs and their names are well known in each country: PDIDAS in
Senegal, GCAP in Ghana, Bagrépole in Burkina. …

Initiatives targeting land laws

African Union Land Policy Initiative

…

The African Union (AU), together with the African Development Bank
(AfDB) and the UN Economic Commission for Africa (UNECA), has been
spearheading a Land Policy Initiative (LPI) since 2006. Mainly a
response to land grabbing on the continent, the LPI is meant to
strengthen and change national policies and laws on land. It is
funded by the EU, IFAD, UN Habitat, World Bank, France and
Switzerland. LPI is expected to become an African Centre on Land
Policies after 2016.

The LPI is designed to implement the African Declaration on Land
Issues and Challenges, adopted by the AU Summit of Heads of State in
July 2009. …

One important undertaking of the LPI is the development of a set of
Guiding Principles on Large-Scale Land-Based Investments (LSLBI)
meant to ensure that land acquisitions in Africa “promote inclusive
and sustainable development”. The Guiding Principles were adopted by
the Council of agriculture ministers in June 2014, and are awaiting
endorsement by the AU Summit of Heads of States and government.

The Guiding Principles have several objectives, including guiding
decision making on land deals (recognising that large scale land
acquisitions may not be the most appropriate form of investment);
providing a basis for a monitoring and evaluation framework to track
land deals in Africa; and providing a basis for reviewing existing
large scale land contracts. The Guiding Principles draw lessons from
global instruments and initiatives to regulate land deals including
the Voluntary Guidelines and the Principles for Responsible
Agricultural Investments in the Context of Food Security and
Nutrition. They also take into account relevant human rights
instruments. But because the Guiding Principles are not a binding
instrument and lack an enforcement mechanism, it is far from certain
that they will prove any more effective than other voluntary
frameworks on land. They are, however, widely accepted and supported
on the continent as the first “African response” to the issue of
land grabbing.

[For more on other similar initiatives see full report]

Initiatives introducing seed laws

Under the rubric “seeds laws” there are various types of legal and
policy initiatives that directly affect what kind of seeds small
scale farmers can use. We focus on two: intellectual property laws,
which grant state-sanctioned monopolies to plant breeders (at the
expense of farmers’ rights), and seed marketing laws, which regulate
trade in seeds (often making it illegal to exchange or market
farmers’ seeds).

Plant Variety Protection

Plant variety protection (PVP) laws are specialised intellectual
property rules designed to establish and protect monopoly rights for
plant breeders over the plants types (varieties) they have
developed. PVP is an offshoot of the patent system. All members of
the World Trade Organization (WTO) are obliged to adopt some form of
PVP law, according to the WTO’s Agreement on Trade- Related Aspects
of Intellectual Property Rights (TRIPS). But how they do so is up to
national governments.

African Regional Intellectual Property Organisation (ARIPO) draft
PVP Protocol

– Draft PVP Protocol to be implemented in the 19 ARIPO member
states: Botswana, Gambia, Ghana, Kenya, Lesotho, Malawi, Mozambique,
Namibia, Sierra Leone, Liberia, Rwanda, São Tomé and Príncipe,
Somalia, Sudan, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe.

ARIPO is the regional counterpart of the UN’s World Intellectual
Property Organisation (WIPO) for Anglophone Africa. It was
established under the Lusaka Agreement signed in 1976. In November
2009, ARIPO’s Council of Ministers approved a proposal for ARIPO to
develop a policy and legal framework which would form the basis for
the development of the ARIPO Protocol on the Protection of New
Varieties of Plants (the PVP Protocol). Adopted in November 2013,
the legal framework was formulated into a Draft PVP Protocol in 2014
during a diplomatic conference.

The Draft PVP Protocol establishes unified procedures and
obligations for the protection of plant breeder’s rights in all
ARIPO member states. These rights will be granted by a single
authority established by ARIPO to administer the whole system on
behalf of its member states.

The Protocol is based on the rules contained in the 1991 Act of the
UPOV Convention. It therefore establishes legal monopolies
(“protection”) on new plant varieties for 20-25 years, depending on
the crop. Farmers will not be able to save and re-use seed from
these varieties on their own farms except for specifically
designated crops, within reasonable limits, and upon annual payment
of royalties. Under no circumstances will they be able to exchange
or sell seeds harvested from such varieties. …

The Protocol is hotly contested by civil society. AFSA, for
instance, is on record for vehemently opposing the ARIPO PV Protocol
on the grounds that it, inter alia, severely erodes farmers’ rights
and the right to food. On the other hand, industry associations have
been consulted extensively in the process of drafting the ARIPO PVP
Protocol. …

[For more on other similar initiatives, see full report.]

Seed marketing rules

The second category of seed laws consists of rules governing seeds
marketing in and among countries. A number of current initiatives
aim to harmonise these rules among African states belonging to the
same Regional Economic Community. But through harmonisation, states
are actually being encouraged to “liberalise” the seed market. This
means limiting the role of the public sector in seed production and
marketing, and creating new space and new rights for the private
sector instead. In this process, farmers lose their freedom to
exchange and/or sell their own seeds. This legal shift is
deliberately meant to lead to the displacement and loss of peasant
seeds, because they are considered inferior and unproductive
compared to corporate seeds.

Alliance for a Green Revolution in Africa (AGRA)

The Alliance for a Green Revolution in Africa (AGRA) was established
in 2006 by the Bill and Melinda Gates Foundation and the Rockefeller
Foundation. It is currently funded by several development
ministries, foundations and programmes, including DFID, IFAD and the
Government of Kenya. AGRA’s objective is to “catalyse a uniquely
African Green Revolution based on small- holder farmers so that
Africa would be food self-sufficient and food secure.” AGRA focuses
on five areas: seeds, soil health, market access, policy and
advocacy and support to farmers’ organisations.

On seeds, AGRA’s activities are implemented through the Programme
for Africa’s Seed Systems (PASS). PASS focuses on the breeding,
production and distribution of so-called “improved” seeds. AGRA’s
action on seeds policies and laws, however, is carried out through
its Policy Programme, whose goal is to establish an “enabling
environment”, including seed and land policy reforms, to boost
private investment in agriculture and encourage farmers to change
practices. This specifically includes getting the public sector out
of seed production and distribution.

AGRA’s seed policy work aims to strengthen internal seed laws and
regulations, reduce delays in the release of new varieties,
facilitate easy access to public germplasm, support the
implementation of regionally harmonised seed laws and regulations,
eliminate trade restrictions and establish an African Seed
Investment Fund to support seed businesses.

In Ghana, for example, AGRA helped the government review its seed
policies with the goal of identifying barriers to the private sector
getting more involved. With technical and financial support from
AGRA, the country’s seed legislation was revised and a new pro-
business seed law was passed in mid-2010. Among other things it
established a register of varieties that can be marketed. In
Tanzania, discussions between AGRA and government representatives
facilitated a major policy change to privatise seed production. In
Malawi, AGRA supported the government in revising its maize pricing
and trade policies. AGRA is also funding a $300,000 seeds project
for the East African Community that started in July 2014 and will be
implemented over the next two years. Its objective is to get EAC
farmers to switch to so-called improved seeds and to harmonise the
seed and fertilizer policies of Burundi, Kenya, Rwanda, Tanzania and
Uganda.

[For more on other similar initiatives, see full report]

*****************************************************

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