A/HRC/25/57
development of the intellectual property rights regime and the implementation of seed
policies at the national level are compatible with the right to food, States should:
(a)
Make swift progress towards the implementation of farmers’ rights, as
defined in article 9 of the International Treaty on Plant Genetic Resources for Food and
Agriculture;
(b)
Not allow patents on plants and establish research exemptions in legislation
protecting plant breeders’ rights;
(c)
Ensure that their seed regulations (seed certification schemes) do not lead to
an exclusion of farmers’ varieties; and
(d)
Support and scale up local seed exchange systems such as community seed
banks and seed fairs, and community registers of peasant varieties.
Donors and international institutions should assist States in implementing the above
recommendations, and, in particular:
(a)
Support efforts by developing countries to establish a sui generis regime for
the protection of intellectual property rights which suits their development needs and is
based on human rights;
(b)
Fund breeding projects on a large diversity of crops, including orphan crops,
as well as on varieties for complex agroenvironments such as dry regions, and encourage
participatory plant breeding;
(c)
Channel an adequate proportion of funds towards research programmes and
projects that aim at improving the whole agricultural system and not only the plant
(agroforestry, better soil management techniques, composting, water management, good
agronomic practices).
3.
Fisheries
It is urgent that States move towards sustainable resource use while ensuring that the rights
and livelihoods of small-scale fishers and coastal communities are respected and that the
food security of all groups depending on fish is improved (A/67/268). To reach this
objective, States should:
(a)
Respect the existing rights of artisanal and small-scale fishing communities;
(b)
Refrain from taking measures, including large-scale development projects,
that may adversely affect the livelihoods of inland and marine small scale fishers, their
territories or access rights, unless their free, prior and informed consent is obtained;
(c)
Strengthen access to fishery resources and improve the incomes of smallscale fishing communities by regulating the industrial fishing sector to protect the access
rights of traditional fishing communities.
(d)
Protect labour rights in the fishing industry;
(e)
When engaging in fishing access agreements, agree to introduce provisions
concerning conditions of work in the fishing industry and support efforts of coastal States
to regulate the fishing practices of industrial vessels operating in exclusive economic zones.
(f)
Implement their commitments under the Plan of Implementation of the World
Summit on Sustainable Development, including to reduce their fishing capacity and to
create marine protected areas;
(g)
Implement the Agreement on Port State Measures to Prevent, Deter and
Eliminate Illegal, Unreported and Unregulated Fishing; and
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