Farmers’ Rights in Practice: Reflections on the Draft Assessment of the State of Implementation of Article 9 of the International Treaty
- Khristine Maguddayao
- Sep 27
- 4 min read
“You cannot separate seeds from farmers, nor laws from lived realities.”
This underlying truth resonated strongly in Session 2 of the 2nd Global Symposium on Farmers’ Rights, held on 17 September 2025 in Manila. The session, Update on the Draft Assessment of the State of Implementation of Article 9 of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), was a moment to take stock of nearly two decades of work since the Treaty first acknowledged Farmers’ Rights.
Serving as rapporteur, Atty. Joy Angelica Santos-Doctor, SEARICE Advisor, captured not only the discussions but also the tensions, aspirations, and unfinished tasks that continue to shape the struggle for Farmers’ Rights worldwide.
Article 9: More Than a Legal Provision
Article 9 of the ITPGRFA recognizes the rights of farmers to save, use, exchange, and sell farm-saved seeds and propagating material, to participate in decision-making, and to equitably share benefits from the use of plant genetic resources. It was historic in 2001; yet almost a quarter century later, implementation remains uneven. The draft global assessment presented in this session sought to map both progress and persistent gaps.
For SEARICE and its farmer partners, this was not merely a technical update but a reminder that rights enshrined on paper are only meaningful when lived and practiced in the fields.
Highlights from the Panel
The draft assessment of the state of implementation of Article 9 of the International Plant Treaty was presented by the Treaty Secretariat through Ms. Jane dela Cruz.
The panel was composed of Mr. Arcadius Leandre Onazola Madzou (Congo), Mr. Sergio Alonzo (ASOCUCH, Guatemala), Ms. Regine Andersen (Fridtjof Nansen Institute, Norway), and Ms. Jessica Powers (Food Sovereignty Alliance, Australia)
These panelists were invited to respond to three guiding questions:
Their reflections in preparing the draft assessment.
The key results or take-away messages of the draft assessment.
How the process should continue after GB11.
Reflections on the Draft Assessment
Progress since 2007: Countries have taken steps to recognize Farmers’ Rights, from community seed banks to participatory plant breeding. Yet these remain fragmented and heavily donor-dependent.
Persistent gaps: Many national legislations still fail to explicitly protect Farmers’ Rights. In some cases, farmers face criminalization for the very act of saving or sharing seeds.
New challenges: Developments in digital sequence information (DSI) and intellectual property regimes like UPOV91 present further risks of enclosure, threatening to undermine local seed systems.
Opportunities: Panelists stressed the importance of documenting success stories, revising restrictive seed laws, and making Farmers’ Rights an integral part of food security strategies.
Key Findings from the Draft Assessment
The rapporteur’s synthesis distilled several critical themes:
Legal Gaps: Despite some national progress, most countries lack clear legislative frameworks guaranteeing Farmers’ Rights.
Policy Barriers: Contradictions between seed laws and Farmers’ Rights persist, with some frameworks favoring corporate seed systems over farmer-managed seed systems.
Dependence on External Funding: Initiatives often survive only with donor support, raising concerns about sustainability.
Criminalization & Restriction: In many regions, farmers risk penalties for practicing age-old traditions of seed saving and exchange.
Inclusion of Indigenous and Customary Laws: The assessment flagged the need to recognize Indigenous seed systems and protect customary practices from erosion.
Questions from the Floor
The open exchange after the panel revealed the urgency of situating Farmers’ Rights in lived realities:
Conflict Zones: How can Farmers’ Rights be safeguarded in places like Palestine or other politically unstable regions?
Emergency Funds: Could FAO establish contingency funding to protect seeds and farming communities during crises?
Funding Sustainability: What mechanisms can ensure support beyond short-term donor cycles?
Customary Laws: How do we enshrine Indigenous and local seed practices in formal recognition?
Global Pressures: How can countries resist harmonization toward restrictive frameworks like UPOV91?
These questions underscored that Article 9 is not just about seeds, but about sovereignty, justice, and survival.
Moving Forward: Beyond Assessment
Panelists agreed that the assessment is only a first step. What is needed is a concrete action plan after GB11, including embedding Farmers’ Rights in national legislation.Revising restrictive seed laws that criminalize farmer practices; making the Ad Hoc Technical Working Group on Farmers’ Rights a permanent body; and strengthening farmers’ direct participation in policy processes.
Reflections and Implications
As rapporteur, Atty. Joya emphasized that while progress has been made, the most important challenge remains: how to transform recognition into practice. For farmers across Asia and the world, laws that fail to acknowledge their role are not abstract omissions — they are daily vulnerabilities.
The draft assessment is thus both a milestone and a mirror: it reflects how far we have come since 2007, but also how fragile these gains remain without political will and farmer-centered governance.
The 2nd Global Symposium reminded all participants that Farmers’ Rights cannot remain aspirational. They must be lived, protected, and legislated. As the session revealed, seeds are not only genetic material — they are cultural heritage, sources of livelihood, and anchors of resilience.
In documenting this session, Atty. Joya helped ground global conversations in a simple yet powerful reminder: Farmers’ Rights are not technical add-ons to agricultural policy. They are the very conditions for just, sustainable, and resilient food systems.
Read Atty. Joya’s Report here:
Read the Draft Assessment here:
