Research has shown that although there are many policies around aspects of agriculture in Nigeria, there is no organizing policy that ties everything together. Officials work on silos and sometimes actively protect their turfs and appear not to care about the systemic implications of their stance. The link between seeds and plant varieties is downplayed while those protecting plant varieties do not worry about the origins of the varieties and the purposes for which anyone may wish to introduce them. Our system overlooks the fact that small scale farmers are highly innovative and grossly underestimates their productivity. People wave off small scale farmers as the key to meeting the food needs of the world, ignoring the fact, for example, that pastoralists in the Sahel region produce 2 to 10 times more animal protein per square kilometre than farmers in Australia and the USA.
Another matter of serious concern is a bill that has been passed by the National Assembly and which may get signed into law. We believe that if signed into law, this Bill will spell disaster for our agriculture and farming systems. We are referring to the Plant Variety protection (PVP) Bill. The bill aligns with the International Convention for the Protection of New Varieties of Plants (UPOV), a patent driven system formulated without the participation of African countries and designed by “countries where agriculture is a business rather than a way of life.” Such countries have a tiny fraction of the population involved in agriculture which is of the industrial type.
Once in place, farmers will be criminalised if they duplicate or share seeds registered under this law. Proponents of the bill tout the roaring success of UPOV and often cite Vietnam as a country where UPOV brought about dramatic increases in farmers’ productivity. A UPOV paper published in 2017 claimed that there were annual yield increases in rice, maize and sweet potato attributable to developments in plant-breeding activities to the tune of 1.7%, 2.1%, and 3.1%, in the 10 years after Vietnam became a member of UPOV. The paper also claimed that 74 million people could be fed with the additional sweet potatoes produced and portrayed those increases as being connected to Vietnam’s membership of UPOV. A recent study has now revealed that not a single application for plant variety protection (PVP) had been filed with Vietnam’s Plant Variety Protection Office (PVPO) for sweet potatoes – the crop reported with the highest yield increase in the UPOV paper. High yields have also been recorded for cassava without any application for plant variety protection.
Although the proponents of this bill insist that genetically modified organisms (GMOs) will not creep into the food system as part of the new plants varieties, there are some worrisome provisions in it. Clause 9 establishes a PVP Advisory Committee which includes known GMO promoters such as the National Biotechnology Development Agency (NABDA) and the biosafety regulatory agency, NBMA. The bill makes no space for civil society representation and none for smallholder farmers except where it mentions “the registered farmers’ association.” Saying “the” rather than “a” suggests that the registered farmers’ association is already known to the drafters of this Bill.
The PVP bill Clause 13 (2) says “The grant of the breeder’s right shall not be subject to any further or different conditions…” In other words, this act locks breeders’ rights in concrete. It could preclude the development of appropriate laws and policies to decriminalize farmers’ seed systems and farmers’ rights and is grossly inequitable. It also restricts Nigerian farmers rights more heavily than the laws of Brazil, Argentina, China, South Africa, etc.
Another interesting provision isClause 19(7) which states that if a member of a international organisation protects a variety and brings an application by itself or in partnership with another organisation, the Registrar will register such an application unless he considers the denomination unsuitable for Nigeria. Note that this clause places national sovereignty and ecological integrity of the nation in the hands of the Registrar. Clause 29 (5-6) of the bill appears to be a backdoor for GMOs to be registered. It states that any variety that can be seen as unique varieties would be registered and protected.
We have taken time to talk about the PVP Bill because it is already on the President’s table and could be signed into law at any time. This is the time for the bill to be withdrawn and returned to the drawing board for real public consultations and inclusion of the views of small-scale farmers who risk being criminalised through this piece of legislation. Nigeria needs an omnibus law that covers plants, animals, and fishes. Rather than approaching food in silos, promoting the interest of seed oligarchs and speculators, we should be looking at how to create spaces for the celebration of traditional ecological knowledge and technologies and at how to amplify our traditional diets and cuisine. We should look for ways to encourage research into these as a sure pathway to secure our food systems for now and for the future.
We should never forget that food is a human right, and no one should be subject to the indignity of chronic hunger and malnutrition. Our composite farms offer foods needed for balanced nutritious diets rather than what plantation monocultures or green deserts offer. This is the time to build a food policy anchored on agroecology. It is time to support our farmers with adequate extension services, infrastructure, finance, and market access.
Some of the identified problems would not exist if the gap between policy making and the people were closed. The collapse of the local government structures and the limited concern of state governments to the fortunes of small holder farmers compound the problem. This gap is accentuated by the fact that small scale farmers are not consulted in policy making processes. As the research commissioned by HOMEF has shown, government should ensure that food policies are coherent, implementable and that they address the challenges in the food sector. We stress again that farmers, consumers, and other stakeholders in the food sector should fully participate in decision and policy making in this regard.