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 22

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