The Bill passed through Parliament at supersonic speed
* The legislation process should be reopened to allow for an inclusive process in the development of seed regulation
* To balance with regulation of the commercial seed sector through provision for recognition, protection and support for farmer-managed seed systems
* Revision of the Seed Act to guard against promotion of the GMO industry in Malawi in keeping with Malawi’s Biodiversity legislation
By Duncan Mlanjira
Malawi Agrobiodiversity Network (MAgNet) has noted with great concern that the Seed Bill, which the Government tabled and passed on April 4, 2022, went through flawed legislative process and thus pleads with President Lazarus Chakwera not to assent it into Act.
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MAgNet — a grouping of stakeholders engaged in the conservation and sustainable use of the country’s agricultural biodiversity — notes that the Seed Bill was gazetted on March 30, 2022 and passed in Parliament 5 days later on April 4.
“This is contrary to Rule 157 of the Standing Orders of the Malawi Parliament, which requires publication of a Bill in the gazette at least 28 days before the First Reading in Parliament.
“The short period did not allow for public consultation on the version of the Bill that was tabled in Parliament. We urge the Act to be re-opened for public debate given that its provisions affect the lives, environment and agricultural resources of the entire country.”
MAgNet takes cognizance that the Act is intended to “regulate the release and registration of crop varieties in Malawi; regulate the production, certification and sale of certified seed and importation and exportation of seed; and provide for the establishment of the Malawi Seed Regulatory Authority”.
The Act provides for variety release, certification of seeds, seed inspection and testing, registration of seed production and sellers, offenses and penalties.
MAgNet maintains that there was lack of recognition of farmer-managed seed systems and farmer’s rights in the Bill which when assented to into the Seed Act 2022, will primarily focus on certified seed of registered varieties.
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“The Act does not recognize 70% of seed used by the majority of smallholder farmers, who make up to 80% of Malawi’s agricultural sector.
“Local seed varieties are reported to be more resilient to climate shocks and vulnerabilities and are the preferred choice of many farmers due to their resistance to pests, tastes, adaptability and their ability to be replanted from year to year without requiring purchase.
“Malawi’s Nitrition Policy promotes consumption of locally available foods, including underutilized nutrient-rich diversified foods as one of the strategies for achieving nutrition security in the country.
“Dietary diversity and the diversity of farmers crop varieties have been achieved by farmers through selection of important traits in many of our traditional crops.
“The lack of mention and recognition of farmer-managed seed systems does not provide clarity on the rights of farmers to save, use, sell and exchange farm saved seed.”
MAgNet points out that it is only Section 26 of the Act which mandates the Malawi Seed Regulator — to ‘maintain a database of local crop varieties and such other crop varieties as the Minister may prescribe by notice published in the Gazette — includes recognition of local crop varieties.
“The purpose for maintaining the database is not clear and it remains uncertain whether farmers who grow and depend on such local varieties will be affected by and benefit from the database,” argues MAgNet.
“With the lack of clarity on the local varieties database in the Act, it renders the provision dependent on regulations that may or may not address these gaps.”
The Network’s members include Development Fund of Norway; Centre for Environmental Policy & Advicacy; Biodiversity Conservation Initiative; Schools & Colleges Permaculture Malawi; Soils Food & Healthy Communities and Lilongwe University of Agriculture & Natural.
It also faults the Act departed from international commitment, saying Malawi is party to the International Treaty on Plant Genetic Resources for Food and Agriculture, having ratified it in 2006.
“As party to the Treaty, Malawi is expected to implement Farmers Rights related to, inter Alia, saving, using, exchanging and selling farm-saved seed.
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“To date, various national seed policies and laws have been adopted and enacted, including the National Seed Policy, the Seed Act 1996, the Plant Breeder Rights Act and now the Seed Act of 2022.
“However, no registration has been enacted to specifically address the recognition and realization of Farmers Rights and farmer-managed seed systems.”
MAgNet further quotes Article 9.2 of the International Treaty on Plant Genetic Resources for Food and Agriculture, which provides for Parties to take measures for the realization of Farmers Rights such as ensuring Farmers Rights to participate in decision-making at national level.
“Even though the Seed Act 2022 provides a platform for a farmer representative on the Crop Varieties Release and Registration Committee, the composition of the Seed Regulatort Authority (Section 5) and the appeals Panel (Section 49) do not have representatives of farmers.
“The exclusion of farmers in such strategic and decision-making bodies about seed is a serious anomaly because farmers are at the centre of the seed value chain.”
The legislation is also noted to have accorded a significant profile to genetically modified organisms (GMOs), which — according to MAgNet — is a huge surprise as it has categorized certified seed as Malawi Certified Seed, Malawi Certified Generically Modified Seed, Imported Certified Seed and Imported Certified Genetically Modified Seed.
“Despite reference to the Biosafety Act, emphasis on GMOs in the Seed Act 2022 is a worrisome development as it seems to pave way for GMOs, a position that inconsistent with the Biosafety Act.
“Under the Biosafety Act 2022, ‘no person shall engage in the genetic modification of organism; and importation, development, production, testing, release, use and application of GMOs’. According to the Biosafety Act, GMOs may be permitted under special arrangements for scientific research and for emergency food supply for human beings.
“The inclusion of GMO seed among Malawi’s categories of certified seed and provisions for registration of GMO seed varieties and GMO seed producers is therefore, out of sync with the Biosafety Act.
“The Seed Act 2022 departs from the safety focus of the Biosafety Act towards a view that is strongly promotional of the GMO industry.”
Thus the Network argues that the “implication of promoting GMOs in Malawi are far-reaching in terms of restricting market opportunities for GM-free products; the enhanced risk of contaminating local varieties and associated implications for small-scale farmers and broader socio-economic, trade and environmental concerns”.
“The inclusion of GMOs in the Seed Act is thus of profound concern and we believe the implications have not adequately been considered nor deliberated with stakeholders.”
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MAgNet concludes by saying “it goes without saying that the seed industry is crucial to agricultural development [and] therefore, it is important that seed legislation protects farmers from fraudulent practices while at the same time providing an environment conducive for a thriving farmer-manages seed system for a balanced and fair market.
“While the Seed Act 2022 provides for strengthening the seed regulatory framework, it does not recognize the seed system upon which the majority of smallholder farmers depend for seed and food security.
“The Act also enables the introduction of GMOs which may negatively affect agricultural biodiversity as well as market access for agricultural produce.
President Chakwera during the launch of AIP
Thus MAgNet pleads with President Chakwera not to assent to the Act to allow for:
* An inclusive process in the development of seed regulation;
* Inclusion in the Seed Act of provision for recognition, protection and support for farmer-managed seed systems to balance with regulation of the commercial seed sector; and
* Revision of the Seed Act to guard against promotion of the GMO industry in Malawi in keeping with Malawi’s Biodiversity legislation.
