Timor-Leste is in the midst of preparing its first real National Seed Policy. Technically, the country has a national seed law on the books, but it never formulated an overall policy to guide this law (and the nascent seed industry as a whole). Now they are working in a more methodical manner, starting with seed policy, then working on the national seed law and related acts and everything else needed. To formulate this national policy, the Ministry of Agriculture and Fisheries (MAF) has enlisted the assistance of a Nepali seed sector expert with policy experience. This expert is working with MAF directors, Seeds of Life (SoL) team members, and local NGOs to create a first draft of the policy. This policy will then be shared at farmers’ meetings across the country, to incorporate their feedback and sensitize them to the process, as well as at every level of government and to various other stakeholders nationwide.
Such a process of sharing will likely result in many different opinions from different stakeholders, and I do not envy the policy-makers who plan to incorporate all divergent views into a coherent document. Yet even the current process to formulate a working draft is full of contradictory challenges and obfuscated opinions. There different interests among the Ministry, seed researchers, and civil society. Also, there are several international bodies and treaties relevant to seed policy, and even though Timor-Leste is not a signatory to all of them currently, the policy must adhere to these principles and guidelines if the nation ever plans to become signatories (and international recognition / cooperation is high on the government’s wish list). The result can be… confusing. A few examples:
-Local NGOs: We don’t want patents on seeds in Timor-Leste! Protect the small farmer! Promote local seed varieties! Hybrids, GMOs, and Terminators(*), oh my! Don’t force seed on farmers! Boo Monsanto!
-MAF (and/or SoL): Businesses will need assurances in order to invest in the seed sector here! Emphasize production, regardless of where it is from! Even small farmers growing their own seed will need some protection. Hybrids are not necessarily bad… Let’s produce our own hybrid seeds! Inform farmers of their options! Sure, no one likes Terminator seed, but GMOs can be good! Mon$anto, ca-ching!
And there are other considerations: How can Timor-Leste develop a demand for locally-produced seed when imported seed is a higher quality (and a higher quantity)? Should self-sufficiency for seed be a consideration? Should local seed be incentivized? Who can grow seed? What punishments for seed sector malpractice, and who to punish? The international treaties require some sort of IPR; one option is a “sui generis” type of IPR that is unique to Timor-Leste and developed to fit its needs. This gives more flexibility than a patent, but can such an IPR be written that satisfies everyone in Timor-Leste and also meets all international requirements?
As you can see, there are many considerations in formulating this draft. The parties did find some common ground on issues like protecting farmers’ rights in a sui generis law (rather than a patent), but in some cases one issue’s agreement was nullified or contradicted when the next issue was discussed. I am curious to see the result, yet hesitant to see if the policy can be both meaningful and capture all of the divergent opinions, even in this small initial working group.
(*)- Terminator seed, aka “Suicide Seed” aka Genetic Use Restriction Technology, is a type of genetically-modified seed designed to be sterile in the second generation. In other words, you plant it once and then it “commits suicide,” or you cannot save it for a future planting. Not synonymous with either hybrid or GMO seed.
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