Don�t Ratify ARIPO Protocol, Parliament Told

The Peasant Farmers Association of Ghana together with its civil society organisations has called on Parliament to refrain from ratifying the ARIPO Protocol.

The group said the protocol in its current form lacks credibility and legitimacy and does not benefit Ghana.

Mr Abdul Rahman Mohammed, the National President of PFAG, speaking at a press conference in Accra said “We propose the adoption of ‘sui generis’ system which will allow extensive consultations involving stakeholders, farmer and civil society to develop a balanced and equitable legislation.

He said last year although Parliament did not give due consideration to the Ghana Plant Breeders’ Bill, yet Ghana was one of the first African countries to sign the ARIPO Protocol adopted in Arusha, Tanzania by African States.

The ARIPO Protocol is a harmonised regional legal framework for the protection of plant breeders’ rights —the Arusha Protocol for the Protection of New Varieties of Plants.

He said the protocol was in conformity with the Union for the Protection of new Varieties (UPOV) 1991 Convention, which aimed exclusively at protecting plant breeders’ rights and prohibiting the exchange and selling of seeds derived from protected varieties.

“We are however encouraged that although Ghana signed onto the ARIPO Protocol with little consultation with farmers and civil society in Ghana, Parliament still has the power not to ratify the protocol,” Mr Rahman Mohammed said.

He said should Parliament ratify this protocol, the national legislation on seed rights would have to conform to the UPOV 1991 Convention, which was about promoting breeders rights up and above farmers’ rights.

He said the Protocol was modeled on the International Convention for the Protection of New Varieties of Plants of 1991 (UPOV 1991) which was a rigid and an inflexible regime for plant variety protection (PVP).

Mr Rahman Mohammed explained that Ghana has full flexibility under the World Trade Organization to develop an effective “sui generis” system for plant variety protection.

The National President said it was unfortunate and even irrational that instead of designing a PVP regime that reflected the agricultural framework and realities of Ghana, the country had chosen to adopt and be bound by UPOV 1991 without any concrete evidence.

“It is possible to have effective law on plant variety protection without compromising Ghana’s international obligations and farmers’ rights,” he added.

He called on government to address their major concerns in a revised legislation on seed including new seed act that would increase funding to public breeders/researchers, promote open pollinated varieties and promote Participatory Plant Breeding.

“We vehemently opposed to the Current Plant Breeders Bill and the ARIPO Protocol but remain committed to working with MOFA, The Ministry of Justice and Attorney General, Parliament and other relevant institutions to ensure that farmers remain at the center of localized food production,” Mr Rahman Mohammed added.