Views, Experiences and Best Practices as an …Views, Experiences and Best Practices as an example of possible options for the national implementation of Article 9 of the International

Views, Experiences and Best Practices as an example of possible options for

the national implementation of Article 9 of the International Treaty

Note by the Secretary At its second meeting of the Ad hoc Technical Expert Group on Farmers’ Rights (AHTEG), the Expert Group agreed on a revised version of the template for collecting information on examples of national measures, best practices and lessons learned from the realization of Farmers’ Rights This document presents the updated information on best practices and measures of implementing Article 9 of the International Treaty submitted by the Philippines on 27 July 2019. The submission is presented in the form and language in which it was received.

http://www.fao.org/3/ca4906en/ca4906en.pdf

http://www.fao.org/3/ca4907en/ca4907en.docx

Template for submission of

Measures, Best Practices and Lessons Learned from the Realization of Farmers’ Rights

as set out in Article 9 of the International Treaty

Basic information

Title of measure/practice: Capacity Building and Promotion of Dynamic Conservation and

Sustainable Use of Agro-biodiversity in traditional ecosystems of the Philippines/In situ conservation

of traditional varieties

Date of submission: July 2019

Name(s) of country/countries in which the measure/practice is taking place: Philippines

Responsible institution/organization (name, address, website (if applicable), e-mail address, telephone

number(s) and contact person): Department of Agriculture – Bureau of Agricultural Research Address: RDMIC Bldg. cor, Elliptical Road, Visayas

Website: https://www.bar.gov.ph

Email: [email protected]

Telephone Number: 461-2900 Contact Person: Dr. Nicomedes P. Eleazar

Type of institution/organization (categories): Government

Collaborating/supporting institutions/organizations/actors, if applicable (name, address, website (if

applicable), e-mail address, telephone number(s)): University of the Philippines Lo BAnos

Address: College, Los Banos, Laguna Website: http://uplb.edu.ph

Email Address: [email protected]

Telephone number: 63495363604

Description of the examples

Mandatory information:1

Short summary to be put in the inventory (max. 200 words) including:

o Implementing entity and partners:

o Start year :

Objectives o Summary of core components:

o Key outcomes: o Lessons learned (if applicable)

This measure aims to capacitate stakeholders in the promotion of dynamic conservation practices that

sustain globally significant agrobiodiversity in traditional agro-ecosystems of the Philippines through a set of activities. The core components include (i) mainstreaming agro-biodiversity considerations into

policy and legal frameworks, development strategies and institutional structure; (ii) pilot activities to

1 This mandatory information is required in order for the measure/practice to be included in the Inventory.

enhance and expand dynamic conservation practices for agro-biodiversity in three pilot municipalities;

and (iii) dissemination of information, awareness raising, and (iv) review of existing policy and

regulatory issuances

The Bureau of Agriculture Research of the Department of Agriculture initiated this measure initially as a

pilot project in 2005 through the FAO-GEF funded Conservation and Adaptive Management of Globally

Important Agricultural Heritage Systems” Project 1. An upscaled project was agreed on in 2016 which started being implemented in 2017 with other collaborating units of the Department of Agriculture such

as the Philippine Rice Research Institute, the Bureau of Plant Industry, the Agricultural Training

Institute, ,the Philippine Center for Postharvest Development and Mechanization, the Philippine Fiber

Industry Development Authority. Supporting agencies include the Department of Environment and Natural Resources-Biodiversity Management Bureau, Department of Trade and Industry-Export

Marketing Bureau, the National Commission on Indigenous Peoples, National Commission for Culture.

Key outcomes include (i) agrobiodiversity mapping, inventory, collection and documentation, i.e., traditional rice and wild relatives in Hingyon and Hungduan in Ifugao; and indigenous fiber crop abaca

Lake Sebu in South Cotabato, (ii) capacity building on conservation practices; (iii) Product development;

(iv) market linkages for product based enterprises; (v) review of existing laws .

Brief history (including starting year), as appropriate

In 2005, through the “FAO-GEF funded Conservation and Adaptive Management of Globally Important Agricultural Heritage Systems” project,1 the piloting of dynamic conservation of

globally important agricultural biodiversity nourished by small scale farmers, peasants and

indigenous communities, and their associated traditional knowledge systems, and protecting cultural diversity began in Ifugao. After the successful implementation and based on its lesson

learned, the government endorsed a full scale project in 2016 to specifically upscale the best

practices and lessons learned and called “Dynamic conservation and sustainable use of agro-

biodiversity in traditional agro-ecosystems of the Philippines”. In order to promote dynamic conservation of traditional crops and associated ecosystems and services, the chosen objectives

and activities are geared towards awareness raising and capacity development activities for the

farmers, local communities and relevant stakeholders, thus leading to conservation of globally important agrobiodiversity (of rice, mung bean, taro, yam, banana, Manila hemp and others) in

traditional agroecosystems, as well as helping to realize the rights of farmers to PGRFA.

Description of the context and the history of the measure/practice is taking place (political, legal and

economic framework conditions for the measure/practice) (max 200 words)

In the 1960s and 1970s, the Philippines was at the epicenter of the agricultural Green Revolution.

Varietal replacement, hybridization, mono-cropping and use of standardized crops effectively supplanted traditional rice-based farming systems and diminished indigenous agro-biodiversity in

many areas across the country

In consequence, large parts of the globally significant agricultural biodiversity of the country was

lost. Many indigenous and endemic varieties were threatened by extinction. Today, the

cultivation of traditional varieties is limited to certain areas in the Philippine highlands, while lowland agricultural systems are dominated by standardized monocultures and agricultural

practices incompatible with the conservation of agricultural biodiversity. Inadequate appreciation

of the full socio-economic and cultural value of traditional varieties existed. Benefits derived from traditional varieties, such as, superior nutritional value, cultural significance, and higher

resilience against shocks like pests, invasive alien species, and extreme weather events were

ignored. The lack of information and awareness among policy-makers as well as consumers led

to an incorrect valuation of traditional agrobiodiversity and genetic resources for food and agriculture. Consequently, the value of these traditional crops is neither sufficiently reflected in

market prices and consumer appreciation, nor appropriately taken into account at the political

level. In consequence, inadequate valuation of these biological resources created barriers, preventing farmers and local communities to effectively conserve sustain plant genetic resources

and ascertain their rights to these resources.

Core components of the measure/practice (max 200 words)

(i) Organization of technical and organizational capacities at individual and

community levels, to include training on inventory and mapping of traditional rice varieties and promotion of market-based incentives for traditional crops‟ conservation.

Training on organic agriculture (rice); For abaca farmers, macro-propagation chambers for abaca in two barangays in Lake Sebu/establishment of abaca nurseries

Issuance of Municipal Resolutions adapting the conservation practices;

The Biodiversity Seed Fair to facilitate seed exchange of farmers and collection of traditional

varieties for characterization. .

Contextualization of lesson plans and workbooks for Grades 5 and 8 to include agrobiodiversity

awareness and appreciation of the cultural, environmental and economic importance of

agrobiodiverse resources.

(i) Review of existing laws with a view to incorporate conservation of traditional varieties, wild

crops, and landraces; and related farmer rights.

To which provision(s) of Article 9 of the International Treaty does this measure relate

Art. 9.1 X

Art. 9.2a X

Art. 9.2b X

Art. 9.2c X

Art. 9.3

Other information, if applicable

Please indicate which category of the Inventory is most relevant for the proposed measure, and which

other categories are also relevant (if any):

No. Category Most

relevant2

Also

relevant3

1 Recognition of local and indigenous communities‟, farmers‟

contributions to conservation and sustainable use of PGRFA, such

as awards and recognition of custodian/guardian farmers

*

2 Financial contributions to support farmers conservation and

sustainable use of PGRFA such as contributions to benefit-sharing

funds

3 Approaches to encourage income-generating activities to support farmers‟ conservation and sustainable use of PGRFA

4 Catalogues, registries and other forms of documentation of PGRFA

and protection of traditional knowledge

5 In-situ/on-farm conservation and management of PGRFA, such as

social and cultural measures, community biodiversity management and conservation sites

*

6 Facilitation of farmers‟ access to a diversity of PGRFA through

community seed banks4, seed networks and other measures

improving farmers‟ choices of a wider diversity of PGRFA.

*

7 Participatory approaches to research on PGRFA, including

characterization and evaluation, participatory plant breeding and

variety selection

8 Farmers‟ participation in decision-making at local, national and sub-regional, regional and international levels

9 Training, capacity development and public awareness creation *

10 Legal measures for the implementation of Farmers‟ Rights, such as

legislative measures related to PGRFA.

*

11 Other measures / practices

2 Please select only one category that is most relevant, under which the measure will be listed.

3 Please select one or several categories that may also be relevant (if applicable).

4 Including seed houses.

In case you selected „other measures‟, would you like to suggest a description of this measure, e.g. as

a possible new category? ____________________________________________________________

Objective(s)

Target group(s) and numbers of involved and affected farmers5 : The target groups are the

Indigenous Peoples‟ farmers of Ifugao and South Cotabato initially targeting 1,000 farmers

Location(s) and geographical outreach : Twelve Barangays from the Municipalities of Hingyon

and Hungduan, Ifugao and five barangays from Lake Sebu, South Cotabato

Resources used for implementation of the measure/practice: GEF assistance and Philippine

counterpart

How has the measure/practice affected the conservation and sustainable use of plant genetic resources

for food and agriculture? The measure has strengthened the conservation and sustainable use of

traditional crops.

Please describe the achievements of the measure/ practice so far (including quantification) (max 200

words)

(i) establishment of 17 Community Seed Banks (CSB) for their seed storage and seed

exchange;

(ii) Ongoing agrobiodiversity mapping, inventory collection and documentation (Philippine Rice Research Center (Philrice) for rice; Philippine Fiber Industry Development

Authority (PhilFIDA) for traditional abaca varieties; University of the Philippines (root

crops, Legumes vegetable) (iii) Collection of 64 + 74 traditional rice varieties now with PhilRice (to national gene bank)

(iv) Facilitation of the inclusion of Indigenous Knowledge Systems and Practices at learning

guides/workbooks of Grades 5 and 8 in the province of Ifugao

(v) Agrobiodiversity Market linkages (vi) Training on adding value to traditional crops‟ products and/or product processing,

packaging, labelling and marketing; of farmer processors on business planning, market

analysis and value-chain analysis: / Support for the participation of farmer-processors to Agri-Fairs/Market Fairs

Assistance in the organization and business registration of Lake Sebu Indigenous

Women and Farmers Association (LASIWFA);

Availability of healthy food like tomato candy and ginger candy for children as well as the nutritious food such as taro and banana chips which are nutritious in local stores;

Market Linkage with the private sector: LASIWFA was linked to Mamasita through the

project and was able to supply t‟nalak cloth to Mamasita. The project also linked LASIWFA to the Punta Isla Resort in Lake Sebu for product display; and

(vii) discussions involving proposed amendments of the Seed Act to include farmers‟ rights;

Other national level instruments that are linked to the measure/practice

– The Indigenous Peoples Right Act (IPRA) of 1997 (RA 8371)

5 Any classification, e.g. of the types of farmer addressed, may be country-specific.

Are you aware of any other international agreements or programs that are relevant for this

measure/practice? FAO Voluntary Guidelines on the Conservation and Sustainable Use of Farmer

Varieties, Landraces and Traditional Varieties

Other issues you wish to address, that have not yet been covered, to describe the measure/practice

Lessons learned

Describe lessons learned which may be relevant for others who wish to do the same or similar

measures/practices (max 250 words).

- The importance of access and availability of traditional seeds;

- The need to respect the rights of IPs and comply with the FPIC process; - The importance of respecting local coordination protocol and information dissemination with the

local government units on the project plans and activities and get their full support for the project;

- The need to create awareness among the IP farmers on the economic importance of their ABD resources and the need for their conservation and sustainable use, their economic and health values

through product processing, marketing and participation in food fairs and exhibits

What challenges encountered along the way (if applicable) (max 200 words)

What would you consider conditions for success, if others should seek to carry out such a measure

or organize such an activity? (max 100 words)

- Active participation of the stakeholders in the project activities.

- Continuous interaction and dialogue with the stakeholders.

- Full support of national institutional bodies and the local government units including the private

sector in the implementation of the measures.

Further information

Link(s) to further information about the measure/practice :




Basic information Title of measure/practice: East-West Seed’s Best Practices on the Implementation of Article 9

(Farmers Rights) of the ITPGRFA

Date of submission: July 2019 Name(s) of country: Philippines

Responsible institution/organization: East West Seed, National Plant Genetic Resources Laboratory

(NPGRL) Institute of Plant Breeding, University of the Philippines at Los Banos

Type of institution/organization (categories): Private and Government

Collaborating/supporting institutions/organizations/actors, if applicable (name, address,

website (if applicable), e-mail address, telephone number(s)): National Agencies, Local

Government Units and relevant stakeholders




o Implementing entity and partners

o Start year o Objective(s)

o Summary of core components

o Key outcomes o Lessons learned (if applicable)

Brief history (including starting year), as appropriate




Support to the National Plant Genetic Resources Laboratory-Institute of Plant Breeding East-West Seed has strong ties with national gene banks in the area of genetic resource

conservation and capacity building. A Memorandum of Understanding has been forged between East-

West Seed Co. Inc.-Philippines (EWPH) and the National Plant Genetic Resources Laboratory (NPGRL)-Institute of Plant Breeding (IPB) of the University of the Philippines to collaborate on crop germplasm

conservation, research and training. Under this public-private partnership, EWPH will assist NPGRL in

reviving its old germplasm collection by regenerating these materials at EWPH cost, cooperate in characterization and training related to germplasm conservation. This cooperation contributes to increased

awareness and building capacity of young researchers in understanding genetic resource conservation and


management. It also contributes to making the vegetables and other crops accessible to farmers through

the distribution of seeds.

Active engagement of farmers in evaluating new vegetable varieties

East-West Seed has a pool of smallholder farmers known as PDS or Product Development

Support farmers who conduct on-farm trials of newly bred vegetable varieties. They are given training on data collection and cultural management practices. These PDS farmers take an active role in deciding

which newly-bred vegetable varieties will be introduced in the market.

Knowledge Transfer to Smallholder Vegetable Farmers East-West Seed founded its first extension activities in the Philippines in 2000. Since then, teams

have been established in Indonesia, Thailand, Myanmar, Cambodia, India and Tanzania to share

knowledge on improved vegetable practices with smallholder farmers. Knowledge Transfer works to increase the income of smallholder vegetable farmers by sharing the knowledge and skills to improve

their productivity. We organize farmer field schools, set up demonstration farms, conduct field days and

harvest festivals with the aim of teaching farmers profitable and sustainable production practices. Farmer

field schools run for 14 weeks with each week devoted to one day theoretical and four days practical/hands-on lessons right in the farm. The concept and techniques of natural farming system are

taught i.e. preparation of biopesticides using natural ingredients, vermicomposting, etc.

Knowledge Transfer activities focus on:

● Sustainable and profitable solutions which enable smallholder farmers to grow their business

● Building demand for higher quality inputs leading to the development of competitive input markets ● Long-term economic development in rural communities

● Better access to high-quality and safe-to-eat vegetables for consumers


Art. 9.1

Art. 9.2a

Art. 9.2b X

Art. 9.2c X

Art. 9.3




No. Category Most

relevant2

Also

relevant3



1 Recognition of local and indigenous communities’, farmers’

contributions to conservation and sustainable use of PGRFA, such


2 Financial contributions to support farmers conservation and sustainable use of PGRFA such as contributions to benefit-sharing

funds

3 Approaches to encourage income-generating activities to support

farmers’ conservation and sustainable use of PGRFA

4 Catalogues, registries and other forms of documentation of PGRFA and protection of traditional knowledge


social and cultural measures, community biodiversity management

and conservation sites

6 Facilitation of farmers’ access to a diversity of PGRFA through


improving farmers’ choices of a wider diversity of PGRFA.

7 Participatory approaches to research on PGRFA, including characterization and evaluation, participatory plant breeding and

variety selection

X

8 Farmers’ participation in decision-making at local, national and

sub-regional, regional and international levels

9 Training, capacity development and public awareness creation X

10 Legal measures for the implementation of Farmers’ Rights, such as



In case you selected ‘other measures’, would you like to suggest a description of this measure, e.g. as


Objective(s)

To support the national genebank in the conservation and sustainable use of plant genetic resources

through a public-private partnership. To assist in the regeneration, characterization and evaluation of

selected vegetable germplasm.

Target group(s) and numbers of involved and affected farmers5

National Plant Genetic Resources Laboratory staff and eventually vegetable farmers

Location(s) and geographical outreach

Institute of Plant Breeding, University of the Philippines at Los Banos and Hortanova Research

Center, East-West Seed, Lipa City Nationwide



Resources used for implementation of the measure/practice

Research facilities like greenhouses, nurseries, laboratory, farming inputs


for food and agriculture?

It ensures that vegetable germplasm are regenerated, evaluated and characterized for further use in breeding and propagation.


words)

305 accessions of bittergourd, snake gourd, wax gourd, snap beans and cowpea were received from the national genebank for regeneration. These were planted at the greenhouses of East-West Seed

research station. The staff of the genebank paid several visits and together with the Genetic Resources

Manager of EWS evaluated/curated the germplasm. Capacity-building was achieved as the

partnership allowed sharing of best practices and new technology.

Other national level instruments that are linked to the measure/practice


measure/practice?

This measure relates to the Sustainable Development Goals – Zero Hunger, Life on land


Lessons learned


measures/practices (max 250 words). Public-private partnership is an effective and efficient way of achieving the objectives of conservation

and sustainable use of plant genetic resources. What the government lacks in funding, the private

sector can fill the gap. This partnership is built on trust and goodwill and on the common objective of making plant genetic resources available for generations to come. It takes patience and perseverance

as the impact of this project can only be realized in the long term.


The bureaucratic procedures delayed the implementation of the project. Also, the poor condition of the seed storage in the national genebank resulted in low germination of seeds.



Success factors include finding the right partner for the project, building trust among the

stakeholders, shared objectives, good teamwork and strong support from the organizations’

leaders.

Further information

Link(s) to further information about the measure/practice

For more information, please visit the website of East-West Seed at: www.eastwestseed.com




Basic information

Title of measure/practice: IPOPhl-NCIP Joint Administrative Order No. 01-2016 (Rules and

Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous

Knowledge Systems and Practices of Indigenous Peoples (IPs) and Indigenous Cultural Communities (ICCs)

Responsible institution/organization (name, address, website (if applicable), e-mail address,

telephone number(s) and contact person):

Intellectual Property Office-Philippines (IPOPhl)

[email protected] Office Address: 28 Upper McKinley Road,

McKinley Hill Town Center

Fort Bonifacio, Taguig City 1634, Philippines

National Commission on Indigenous Peoples (NCIP)

2nd Floor N. dela Merced Building

West corner Quezon Avenues, Quezon City 575-1200




The IPOPhl-NCIP Joint Administrative Order No.1-2016 was signed by both heads of office of

the Intellectual Property Office (IPOPhil)and the National Commission on Indigenous Peoples (NCIP) on 28 October 2016.

Considering certain limitations of protection and requirements for registration which ICCs/IPs

may not be able to comply with under the IP Code and which are not consistent with the concept of community intellectual rights under the Indigenous Peoples Rights Act (IPRA), the NCIP and IPOPhl

came up with the joint policy in order to at provide an initial measure for the recognition and protection

of this ICC/IPs’ right. While the joint policy is in place, both agencies are still continuing the endeavour

to level-off on policy issuances and implementation.

The joint policy primarily provides for the recognition of full ownership and control and

protection of ICC/IPs community intellectual rights. To further protect this right under the intellectual

property system, the policy also provides for the requirement of disclosure of the use of any indigenous knowledge systems and practice (IKSP) whenever an intellectual property rights application is filed with


the IPOPhl. Indigenous Knowledge and practices relating to genetic resources include indigenous

knowledge associated with wild / indigenous plants and food, traditional varieties, and land races of

ICCs and IPs. The joint policy also provides for the compliance by the intellectual property right applicant with the free and prior informed consent process.

The NCIP is also responsible under the policy to establish an IKSP registry which shall be made

available to the IPOPhl for use in the examination of intellectual property rights applications.

Finally, the Joint Administrative Order also provides for an institutional arrangement to

undertake activities for capability building of ICC/IPs to enhance the protection and management of their

intellectual property rights and IKSPs.

Brief history (including starting year), as appropriate:

The administrative order was the result of previous discussions between the two agencies on how community intellectual rights shall be recognized and protected vis-à-vis the Indigenous Peoples

Rights Act (IPRA) and the Intellectual Property Code of the Philippines (IP Code).


When application for an intellectual property right is filed with the IPO-Phil , the applicant shall

disclose the use of any indigenous system and practice. The application shall be forwarded by the

IPOPhil to the NCIP for clearance.

Description of the context and the history of the measure/practice is taking place (political


Art. 9.1 X

Art. 9.2a X

Art. 9.2b X

Art. 9.2c X

Art. 9.3




No. Category Most

relevant2

Also

relevant3

1 Recognition of local and indigenous communities’, farmers’ contributions to conservation and sustainable use of PGRFA, such


*





funds

3 Approaches to encourage income-generating activities to support farmers’ conservation and sustainable use of PGRFA



*

5 In-situ/on-farm conservation and management of PGRFA, such as social and cultural measures, community biodiversity management


*

6 Facilitation of farmers’ access to a diversity of PGRFA through





variety selection

8 Farmers’ participation in decision-making at local, national and sub-regional, regional and international levels

*

9 Training, capacity development and public awareness creation

10 Legal measures for the implementation of Farmers’ Rights, such as





Objective(s): to protect the indigenous knowledge associated with community resources of ICCs/IPs including indigenous knowledge associated with wild/indigenous plants and other plant genetic

resources

Target group(s) and numbers of involved and affected farmers5: The joint policy affords

protection of all ICC and IP groups in the Philippines, but while it does not specifically

categorize what particular sector (e.g. farmer), ICC and IP groups cover farmers, as relevant. Location(s) and geographical outreach: Nation-wide

Resources used for implementation of the measure/practice: Agency budget


for food and agriculture? The measure intends to strengthen the conservation and sustainable use of

plant genetic resources


words) So far, the NCIP has to disseminate and explain the policy to stakeholders



Other national level instruments that are linked to the measure/practice : (i) Republic Act8371, An

Act to Reorganize, Protect and Promote the Rights of Indigenous Cultural Communities/Indigenous

Peoples, Creating a National Commission on Indigenous Peoples, Establishing Implementing

Mechanism , Appropriating Funds Therefor, and For Other Purposes (1987 ); (ii) Republic Act 8293, “ An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office

Providing for Its Powers and Functions and for Other Purposes (1997)


measure/practice?

- Convention on Biological Diversity

- International legal instrument(s) on intellectual property (IP) and genetic resources (GRs),

traditional knowledge (TK) and traditional cultural expressions (TCEs) under negotiation at the

World Intellectual Property Organization’s Intergovernmental Committee on Intellectual Property

and Genetic Resources, Traditional Knowledge and Folklore (IGC)

- FAO Voluntary Guidelines on the Conservation and Sustainable Use of Wild Crops and Wild

Food


Lessons learned


measures/practices (max 250 words).

In order to fully implement the policy, the same has not yet been thoroughly disseminated and fully explained to all stakeholders. Its application to a pending intellectual property rights

application has also not yet been tested as of yet, thus its effectiveness cannot be assessed.


There is limited budget and lack of support for the documentation of IKSPs of ICCs/IPs. These documentations are necessary for the establishment of a registry and may be used as additional

proofs of ownership of the IKSPs by the ICC/IPs.



The NCIP should be provided additional resources for implementation

Further information


www.ncip.pgv.ph




Basic information

Title of measure/practice: Provision for Small Farmers‟ Rights under Republic Act No. 9168 of

2002, “ An Act to provide Protection to New Plant Varieties, Establishing a National Plant Variety

Protection Board and For Other Purposes” and Department of Agriculture‟s Administrative Order No.

7. 2003, Implementing Rules and Regulations of the Philippine Plant Variety Protection Act of 2002.

Date of submission: July 2019

Name(s) of country/countries in which the measure/practice is taking place : Philippines


number(s) and contact person):

Office of the Plant Variety Protection Office

Contact Person:

Ms. Elvie Morales National Seed Quality Control Services Division

Bureau of Plant Industry, Department of Agriculture

Visayas Avenue, Quezon City, Philippines Website: www.pvpo.bpinsicpvpo.com.ph


Telephone no.: 02929-2543

Type of institution/organization (categories) : Government


applicable), e-mail address, telephone number(s)) : National Plant Variety Protection Board, c/o

Office of the Plant Variety Protection Office




o Implementing entity and partners: o Start year :

o Objective(s):

o Summary of Core Components: o Key outcomes:

o Lessons learned (if applicable)

The Plant Variety Protection Act of 2002 provides exclusive rights to plant breeders over the propagating material of their protected variety, ie.,the right to authorize the production or

reproduction, conditioning for the purpose of propagation, offering to sale, selling or other


marketing strategies, exporting, importing and stocking of the plant variety. However, “the

Certificate of Plant Variety Protection does not extend to the traditional right of small farmers to

save, use, exchange, share or sell farm produce of a variety protected under the Act.

The National Plant Protection Board determines the condition under which the small farmer

exception shall apply. The Board is chaired by the Secretary of the Department of Agriculture, co-chaired by the Secretary of the Department of Science and Technology and vice-chaired by

the Director-General of the Intellectual Property Office. Members include the (i) Director of the

Bureau of Plant Industry; (ii) the Director of the Institute of Plant Breeding of the University of

the Philippines; (iii) the President of the Philippine Seed Industry Association; (iv) a representative from the federation of small farmers; and (vi) Registrar. A Plant Variety

Protection Office under the Department of Agriculture has been established.

There have been no reports of infringement of the small famers‟ rights under the PVP .

Brief history (including starting year), as appropriate;

The informal system of small farmers‟ practice to save, use, exchange, share and sell farm

produce is maintained in the Plant Variety Protection Act of 2002 and its Implementing Rules and Regulations in 2003. This provision was expressly provided in the legislation by farmers

groups and supported by the Department of Agriculture during the deliberations in Congress.


Small farmer means any natural person dependent on small-scale subsistence farming as his primary

source of income.

The Certificate of Plant Variety Protection shall not extend to the traditional right of small farmers to

save, use, exchange, share or sell farm produce of a variety protected under this Act, except when a

sale is for the purpose of reproduction under a commercial marketing agreement. The Board shall determine the condition under which this exception shall apply, taking into consideration the nature of

the plant cultivated grown or sown. This provision shall also extend to the exchange and sale of seeds

among and between said small farmers, provided that small farmers may exchange or sell seeds for reproduction and replanting on their own land.

In addition, the Act encourages farming communities and bona fide farmers‟ organizations” to build

an inventory of locally-bred varieties. The application for a PVP requires a detailed origin and breeding history of the variety including the source of germplasm.



The number of farm households in the Philippines is 5.56 million farms covering 7.19 ,million hectares.

The average farm size is 1.29 hectares. Thirty (30.83) percent of the total farm households are under .5

hectares with an average of 0.13 hectares (Census of Agriculture 2012) and are considered small farms.


Art. 9.1 X

Art. 9.2a

Art. 9.2b

Art. 9.2c

Art. 9.3 X




No. Category Most

relevant2

Also

relevant3

1 Recognition of local and indigenous communities‟, farmers‟

contributions to conservation and sustainable use of PGRFA, such as awards and recognition of custodian/guardian farmers

*



funds


farmers‟ conservation and sustainable use of PGRFA



*

5 In-situ/on-farm conservation and management of PGRFA, such as social and cultural measures, community biodiversity management


6 Facilitation of farmers‟ access to a diversity of PGRFA through


improving farmers‟ choices of a wider diversity of PGRFA.






variety selection

8 Farmers‟ participation in decision-making at local, national and


*

9 Training, capacity development and public awareness creation

10 Legal measures for the implementation of Farmers‟ Rights, such as



In case you selected „other measures‟, would you like to suggest a description of this measure, e.g. as


Objective(s) To maintain the informal system of small farmers to save, exchange, use, share or sell

their farm produce (of variety protected under the PVP Act).

Target group(s) and numbers of involved and affected farmers5 : small farmers

Location(s) and geographical outreach : National

Resources used for implementation of the measure/practice: Appropriations for the Philippines Plant

Variety Office


for food and agriculture? It has helped the maintenance of the informal system of small farmers to

enable them to save, exchange, use farm saved seeds, and under this Act, of the protected variety. In

addition, the measure also protects farmer rights by requiring a disclosure of breeding history, i.e.,

upon application of a PVP, the applicant shall submit exhibit A – Detailed Origin and Breeding History of the Variety, including the source of germplasm and the results of other plant tests or trails

that have already been done


words) : Since implementation of this Act, there have no reports on infringement by small famers of PVP certificates granted and neither have there been reports of infringement of the small farmers‟

rights in the PVP.

Other national level instruments that are linked to the measure/practice relevant for this

measure/practice: Republic Act 7308, “ An Act To Promote and Develop the Seed Industry in the

Philippines and Create a National Seed Industry Council and For Other Purposes” ; Republic Act 7607 An act Providing a Magna Carta of Small Farmers


Lessons learned


measures/practices (max 250 words). The small farmers‟ rights provision in the PVP should form part of the legislation.

What challenges encountered along the way (if applicable) (max 200 words) : Small farmers need to

organize themselves into a national association. So far, there had been no small farmer representative

to the PVP Board as there is no official representative of small farmers.


What would you consider conditions for success, if others should seek to carry out such a measure or

organize such an activity? (max 100 words) ). The small farmers‟ rights provision should be

legislated to be enforced.

Further information


http://www.pvpo.bpinsicpvpo.com.ph/




Basic information

Title of measure/practice: Protocol on In-Situ On Farm Conservation of Traditional Varieties of Crops

Date of submission; July 2019

Name(s) of country/countries in which the measure/practice is taking place: Philippines


number(s) and contact person): Department of Agriculture

Type of institution/organization (categories): Department of Agriculture – Bureau of Agricultural

Research

Address: RDMIC Bldg. cor, Elliptical Road, Visayas Website: https://www.bar.gov.ph


Telephone Number: 461-2900

Contact Person: Dr. Nicomedes P. Eleazar



applicable), e-mail address, telephone number(s)): University of the Philippines Lo BAnos

Address: College, Los Banos, Laguna

Website: http://uplb.edu.ph Email Address: [email protected]

Telephone number: 63495363604


applicable), e-mail address, telephone number(s)): National Agencies, Local Government Units,

Non-Government Organizations, State Colleges and Universities, Civil Society Organizations and

Private Companies




o Implementing entity and partners:

o Objective(s)

o Summary of core components: o Key outcomes

o Lessons learned (if applicable)


The Protocol for in-situ on farm conservation of traditional varieties of crops focuses on traditional

varieties, farmer varieties and landraces.

In-situ on farm conservation refers to the continuous cultivation and management of diverse set of

population by farmers in the agroecosystem where the crop has evolved.

The protocol was formulated based on the experience and lessons gained from a project on in situ on

farm conservation of rice, yam, taro and sweet potato funded by FAO and UNDP, executed by the

Department of Agriculture-Bureau of Agricultural Research (DA-BAR) and implemented by the

University of the Philippines Los Baños Foundation incorporated (UPLBFI) through the Institute of Crop Science (formerly The Crop Science Cluster), University of the Philippines Los Baños. The protocol was

agreed upon and adopted during a national consultation by stakeholders from relevant government

agencies including local government units, nongovernment organizations, civil society organizations and private companies.

The Protocol aims to provide guidance to stakeholders and institutionalize in situ on farm conservation.

For traditional varieties. The Protocol covers two main areas: (i) technical and (ii) institutional.

Brief history (including starting year), as appropriate ;

The in-situ conservation started with Project titled “Integrating the Conservation of Plant Genetic

Resources for Food and Agriculture into Decentralized Landscape Management for Food Security and Biodiversity Conservation in Critical Eco-regions of the Philippines submitted to the Benefit

Sharing Fund of the ITPGRFA submitted in January 2011. The project started in June 26, 2013 and

funded by the FAO and UNDP. In 2014, a tripartite Memorandum of Agrement between the Department of Agriculture, Department of Environment and the University of the Philippines Los

Banos Foundation was signed for the implementation of the project.


The scope of the Protocol can be divided into two general aspects: Technical and

Institutional/Policy.

Technical:

(i) Site selection covering existing traditional varieties, willingness of community to pursue in

situ on farm conservation, and roles of government units at the provincial or barangay level and farming communities.

(ii) Development of survey instruments/ Conduct and analysis of survey

(iii) Capacity building of women/men farmers and agricultural technicians through conservation

field schools including crop calendar, cultural and environmental management practices, gender roles, appropriate community conservation strategy combining best community and seed

supply system.

(iv) Agreement with the community and municipality on the preferred mode of community genebanking, and agreed roles and responsibilities of stakeholders

(v) Establishment of appropriate community genebanks.

(vi) Agreement with the community and municipality on role and responsibilities in the community-based seed/planting material supply system.

(vii) Establishment of community seed/planting material supply systems.

(viii) AsSessment of market chains and actors including products and links to the community’s

cultural identity;

(ix) Establishment of market chain for products coming from traditional varieties (x) Information and communication campaign on the importance and benefits of conserving

traditional varieties with the responsible of government stakeholders.

Institutional

Initiatives to conserve and sustainably use traditional varieties that may guide policy, as follows,

among others:

(i) Inclusion of production and maintenance of traditional varieties in the development plans at

the municipal and barangay levels.

(ii) Inclusion of maintenance of community genebanks and community seed/ planting material supply system.

(iii) Establishment of duplicate community genebanks at the municipal level.

(iv) Agreement on complementation of the municipal seed supply systems with the barangay

seed/planting material system. (v) Agreement on complementation of community genebanking with institutional (national)

genebanking.



The Protocol was based on data collected in three critical biogeographic regions (Luzon, Negros-Panay and Mindanao in the Philippines.

Political support for initiative/project came from the following;

Barangays of Villa Agullana, Wasis and Jose Ancheta in Quirino providing strong political support in

terms of their commitment to continue development of gene banks to support in-situ conservation in the areas; the local government of San Remigio, Antique providing leadership in continuing genebank

development by assigning personnel to manage the genebank; LGU Janjuay, Iloilo issuing an executive

order for the conservation program and funding included in the agriculture office annual budget; and LGU Banganga, Davao Oriental province in expansion of genebanks and training of staff .


Art. 9.1 X

Art. 9.2a X

Art. 9.2b

Art. 9.2c

Art. 9.3




No. Category Most

relevant2

Also

relevant3

1 Recognition of local and indigenous communities’, farmers’ contributions to conservation and sustainable use of PGRFA, such


*


sustainable use of PGRFA such as contributions to benefit-sharing funds


farmers’ conservation and sustainable use of PGRFA




social and cultural measures, community biodiversity management


6 Facilitation of farmers’ access to a diversity of PGRFA through community seed banks

4, seed networks and other measures


*


characterization and evaluation, participatory plant breeding and variety selection

*

8 Farmers’ participation in decision-making at local, national and


*

9 Training, capacity development and public awareness creation *

10 Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.




Objective(s): The concept and design of the Protocol is on the maintenance of traditional

varieties/land races, or farmer varieties in the farming communities.

Target group(s) and numbers of involved and affected farmers5: Farming communities

Location(s) and geographical outreach: Nationwide





Resources used for implementation of the measure/practice: Pilot activity was funded by the UNDP.


for food and agriculture?


words)

Other national level instruments that are linked to the measure/practice:

–The Indigenous Peoples Right Act (IPRA) of 1997 (RA 8371) – The Wildlife Resources Conservation and Protection Act of 2001 (RA 9147)

– Philippine Biodiversity Strategy and Action Plan


measure/practice?: The Second Global Plan of Action for Plant Genetic Resources for Food and Agriculture (Second GPA) ; A Training Guide for IN-situ Conservation on Far , PGRA 2000


Lessons learned


measures/practices (max 250 words). Local government units expressed their willingness to conserve

traditional varieties, continue the practice and provide funds.


What would you consider conditions for success: LGUs should will for the conservation of

traditional varieties in situ, provide funds and technical support/personnel .

Further information

Link(s) to further information about the measure/practice : www.bar.gov.ph

Documents

Views, Experiences and Best Practices as an …Views, Experiences and Best Practices as an example of possible options for the national implementation of Article 9 of the International