Views, Experiences and Best Practices as an example of ... · This document presents the updated information on best practices and measures of implementing 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 first meeting of the Ad hoc Technical Expert Group on Farmers’ Rights (AHTEG), the Expert

Group considered possible structure of the inventory based on a number of proposals made by

members, agreed to utilize a Template for collecting examples of best practices and measures of

implementing Farmers’ Rights.

This document presents the updated information on best practices and measures of implementing

Article 9 of the International Treaty submitted by Indonesia on 4 February 2019.

The submission is presented in the form and language in which it was received.

http://www.fao.org/3/CA1508EN/ca1508en.pdf

http://www.fao.org/fileadmin/user_upload/faoweb/plant-treaty/farmers-rights/FRs_template_en.pdf

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TYPES OF MEASURES / PRACTICES FARMERS’ RIGHTS IN INDONESIA

1. Title of measure/practice : Breeder Farmer Group

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

Indonesia

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

address, telephone number(s) and contact person) : Association of Indonesian

Seed Banks and Farmers Agricultural Technology (AB2TI),

Address : Jalan Raya Cifor No 28 Situgede Bogor Barat Kota Bogor Jawa Barat 16115

Indonesia

Website : https://asosiasi-bank-benih-dan-teknologi-tani-indonesia.business.site

Telp Number : 62-8129639467

Contact person : Prof. Dr. Dwi Andreas Santoso

Type of institution/organization (categories) : NGO

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

address, website (if applicable), e-mail address, telephone number(s))

Description of the examples Mandatory information:

Brief history (including starting year), as appropriate : Breeder farmer

Group and The Association of Indonesian Seed Bank and Farmers

Agricultural Technology (AB2TI), was founded 2012 from a series of

farmers discussion. This association develop agricultural seeds and

technology in Indonesia and until now produced 3600 species of crossed

rice. The purpose of establishing this association, it was to enhance the

farmers capacity in breeder process and more independent in seed

production. Most of their activities based on local variety.

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

training for plant breeding, and networks among the members. The

main target is to enhance farmers' knowledge and capacity , and farmers

can cross the seeds, select and then breed. They also sell the seeds that

their produce to fellow members and surrounding communities.

Short description of the context and the history of the measure/practice is

taking place (political, legal and economic framework conditions for the

https://asosiasi-bank-benih-dan-teknologi-tani-indonesia.business.site/

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measure/practice) (max. 200 words) : Most of the member of this

association stay in Java and Sumatera island.

Other information, if applicable:

Objective :to enhance farmers' knowledge and capacity in

breeder activities.

Target group(s) and numbers of involved and affected farmer :

Group of farmers, There are around 200 active members and 1000

passive members

Location(s) and geographical outreach : Most of the member of

this association stay in Java and Sumatera island.

Resources used for implementation of the measure/practice How has

the measure/practice affected the conservation and sustainable use of plant

genetic resources for food and agriculture? Please describe the achievements

of the measure/ practice so far (including quantification) (max 200 words)

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

This association develop agricultural seeds and technology in Indonesia

and until now produced 3600 species of crossed rice. The purpose of

establishing this association, it was to enhance the farmers capacity in

breeder process and more independent in seed production. Most of their

activities based on local variety.

Are you aware of any other international agreements or programs that

are relevant for this measure/practice? No information

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). : Through

this association, farmers are aware of the importance of preserving the

germplasm around them. They become aware of the economic benefits of

existing germplasm.

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

3

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) : This association develops because they not only develop seeds but

also economic activities related to the seeds.

Further information

Link to further information about the measure/practice :

https://www.youtube.com/watch?v=kGdjHZD4Agw

https://asosiasi-bank-benih-dan-teknologi-tani-indonesia.business.site

2. Title of measure/practice : Award and other forms of recognition of

farmers for their contribution to conserving and sustainability using

PGRFA

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

Indonesia


address, telephone number(s) and contact person) : Indonesian Center for Plant

Variety Protection and Agriculture Permits, Ministry of Agriculture.

Address : Jalan Harsono RM No. 3 Ragunan, Pasar Minggu, South Jakarta, 12550

Website : http://pvtpp.setjen.pertanian.go.id

Telp Number : 62-21- 78840389

Contact person : Asri Wasponingsih, S.H, M.E

Type of institution/organization (categories) : Government


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

Agriculture Faculty of University Brawijaya, Malang Indonesia.

Address : Jalan Veteran, Ketawanggede, Lowokwaru, Ketawanggede, Kec.

Lowokwaru, Kota Malang, Jawa Timur 65145

Website : https://fp.ub.ac.id

https://www.youtube.com/watch?v=kGdjHZD4Agw

https://asosiasi-bank-benih-dan-teknologi-tani-indonesia.business.site/

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Brief history (including starting year), as appropriate : Awarding awards to

farmers breeders is part of a series of awards in various fields. This

activity was carried out since 2017 and in collaboration with the Faculty

of Agriculture, Brawijaya University, Malang, East Java. There are two

categories for farmers, first for breeder’s farmers and secondly to local

government who have high number to register and utilize and/or develop

local variety.

Core components of the measure/practice (max 200 words) : This award is

a media of government to appreciate the initiative of the farmers in

utilizing germplasm in breeding activities. It is also the way to encourage

the farmer in local variety development.



measure/practice) (max. 200 words) : The farmers who participated in the

awarding process came from all parts of Indonesia.


Objective :to encourage farmers participation in collect and

store germplasm, and breeder activities by the farmers

Target group(s) and numbers of involved and affected farmer :

Selected from around 1000 farmers who active in the process of collect

and store germplasm in Indonesia.

Location(s) and geographical outreach : All province in Indonesia.






Before 2017, breeders and collectors of germplasm were never valued

well. As a result of this awarding, breeding activities by farmers and

gathering of germplasm are more attracting activities.

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do the same or similar measures/practices (max 250 words). : Awarding

stimulate farmers' enthusiasm in the breeding activities and collecting

germplasm.




words) : Breeder farmers feel treated the same as breeders in research

institutions.

Further information


3. Title of measure/practice : 1000 Seed Self-Reliance Village

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

: Indonesia


address, telephone number(s) and contact person) : Directorate General of Food

Crops Ministry of Agriculture.

Address : Jalan AUP Blok 3 No.20, RT.14/RW.5, Ps. Minggu, Kota Jakarta

Selatan, Daerah Khusus Ibukota Jakarta 12520 Website : http://tanamanpangan.pertanian.go.id

Telp Number : 62-81291597499

Contact person : Dr. Mohammad Takdir Mulyani, M.M

Type of institution/organization (categories) : Government

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address, website (if applicable), e-mail address, telephone number(s))

Indonesian Agency for Agriculture Research and Development (IAARD)

Jalan Ragunan 29 Pasar Minggu Jakarta Selatan 12540, Indonesia

Phone. (021) 7806202 Fax. (021) 7800644 E-mail:

[email protected]

Website : http://en.litbang.pertanian.go.id/kontak/


Brief history (including starting year), as appropriate : This program based on the

Ministry Agriculture Regulation 207.1/HK.140/C/02/2016 on Technical

Guideline Development of Seed Self-Reliance Village. this program gives special

attention to villages that are isolated or those in border areas and have problems

for access to quality sources of seeds. The program begin in 2016 and till now

already implementing in more than 1313 villages in Indonesia.

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

facilitate the village to self sufficiency in seed. Through this program

farmers have opportunity to produce and sell seed to the other farmers.

Most of the seed that developed by the farmer was local variety and the

seed that produce by the farmers breeder.



measure/practice) (max. 200 words) : This activity is spread throughout

the territory of Indonesia. Economically this activity has grown a variety

of new economic activities in the village level, It is also fostered a passion

for breeding activities by farmers and the development of local specific

varieties.


Objective :To guarantee the sustainability access of farmers for

good quality seed and self-sufficiency in seed for village level.

Target group(s) and numbers of involved and affected farmer : 1000

Villages and till now already captured 1313 villages. In average there are

around 1000 farmers household in every village, therefore this program

mailto:[email protected]

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affected more than 1 million household farmers.

Location(s) and geographical outreach : In all Province in

Indonesia.






The impact of this activity on the effort to protect of germplasm and the

development of local varieties, This activity has encouraged the

development of various varieties at the village level, especially local

varieties and eliminate dependence on superior varieties from outside.






do the same or similar measures/practices (max 250 words). : Because

this activity is carried out and fully supported by government funds, the

achievement quantitatively is very good. However, from the quality side,

there are still many things that must be considered so that this activity is

sustainable, especially in relation to the link of program with breeding

activities carried out by government research institutions and

universities.




words) : It needs more time to consolidate support from many parties,

especially universities and government research institutions.

Further information


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https://www.youtube.com/watch?v=7a1xZVw0NRE

4. Law, Rule and Legislation to protect and promote traditional knowledge and local variety

Policy/Government Program Focal Point Description

Draft form of Law 's Traditional Knowledge Traditional Cultural Expressions

Ministry of Foreign Affairs Ministry of Law and Human Rights

The draft bill is still under discussion within cross Ministries In several discussion, it is likely to be under the coordination of Coordinating Ministry on Politic, Law and Human Rights

Article 7 Law 29/2000 on Plant Variety Protection

Government Regulation No. 13 of 2004 regarding the Naming, Registration and Use of Original Variety for the Making of Essential Derivative Variety

Ministry Agriculture: Center for Plant Variety Protection and Agriculture Permits

Registration of local varieties by the head of local government since 2000 until present

Law, rule and legislation on intellectual property rights that ensures farmer’s to save, use, exchange, and/or sell farm-saved seed of protected varieties

Policy/Government Program Focal Point Description

Article 10 Law 29 of 2000 Ministry Agriculture: Center for Plant Variety Protection and Agriculture Permits

(a) Not for commercial purposes as referred to in this sub-paragraph, are the individual activities particularly those of small farmers for their own needs and does not include activities that are extended

https://www.youtube.com/watch?v=7a1xZVw0NRE

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to meet the needs of the larger community. This must be stressed so that the market segment for the said variety that has been issued PVP and the interest of the PVP rights holder continues to be protected

Law, rule and legislation on variety release, seed distribution and phytosanitary issues that ensures farmer’s rights

a) Supreme Court Decision No. 99/PUU-X/2012 Amendment Law No. 12/1992 on Plant Cultivation System on Article 12 Article 12 (1): bred variety or introduction from over seas before distributed shall be released by Government except breeding variety by domestic individual small farmers.

b) Ministry Agriculture Regulation No. 40 on Plant Variety Release: Article 36 (1) and (2)

(1) Variety bred by small farmers is excluded from examination, assessment, and release procedure, revoking variety in the regulation

(2) Small farmers is individual farmers who cultivate food crops in the land not more than 2 hectare or 25 hectare for estate crops

Law, rule and legislation on Farmer’s protection and Empowerment

a) Law 19 Year 2013 on Farmer’s protection and empowerment Agriculture Extensions giving training and education to farmers

b) Ministry Agriculture Regulation No. 40 Year 2015 on Facilitation of Agriculture Insurance

Government provide protection for farmers from harvest failure risk due to climate change. Farmers will receive substitution capital according to the claim on areal width which failed to be harvested, so that there will be guarantee on the sustainability of farmers enterprises.

c) Law 16 Year 2006 on System of Extension on Agriculture, Fisheries and Forestry (SP3KP) Developing Farmers Owned Enterprises (Badan Usaha Milik Petani) as continuity of program FEATI (Farmers Empowerment Through Agriculture Technology and Information)/P3TIP

Law, rule and legislation on Farmer’s association

a) Supreme Court Decision No.87/PUU-XI/2013 Amendment Law No. 19/2013 on Farmer’s protection and empowerment 1) Article 70: Farmers association in the article 69 (1) consist of (a) Farmers Group, (b)

Association consists of several farmers group, (c) Association Agriculture commodity, and (d) Board of National Agriculture Commodity recognized by the state and (e) farmers group established by farmers.

2) Article 71: farmers can join and actively participate in farmer’s institution as article 70 (1)“. It means that farmers is not obliged to join Farmer Group or Association of Farmers Group and may become member farmers organization established by farmers.

b) Ministry Agriculture Regulation No. 67/PERMENTAN/SM.050/12/2016 on Development of Farmers Association. 1) The regulation is aimed to improve the association capacity through counseling/training.

To strengthen the association, farmers to fight their interest in harmonized with culture, norms, values and local wisdom.

Law, rule and legislation on Land Reform Program (Land Redistribution)

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a) Law 41 Year 2009 on Sustainable food and Agriculture land Program TORA (Tanah Object Reforma Agraria) that government is reforming land

for farmers that 9 million hectare will be given to farmers in form of legislation asset 4,5 million hectare and land redistribution 4,5 million hectare.

b) Supreme Court Decision No.87/PUU-XI/2013 Amendment Law No. 19/2013 on Farmer’s

protection and empowerment The SC decision is strengthen the protection and empowerment farmers that would

minimize farmers from production relation which disadvantage farmers and against the law such as renting land by state and it will restrain farmers’ democracy

c) Ministry Agriculture Regulation Nomor 40. 1/Em4NxAN/RC.010/10/ 2018 on Guideline Program on Save Swamp land for Farmers’ Welfare (SERASI) Agriculture Based 2019 Program Save Swamp Land for Farmers’ Welfare on Agriculture Based (SERASI) is to maximize Tidal Swamp Land by increasing role farmers, farmers group and association farmers group, increasing and developing farmers group of farmers business and development areal and/or cluster based on farmers corporation

Law, rule and legislation on Farmer’s Access to Genetic Resources

a) Permentan No. 37/Permentan/OT.140/2011 on Conservation and Utilization of Plant Genetic Resources Conservation of genetic resources is done through both conservation and utilization of genetic resource to support sustainable agriculture development. The concepts of conservation are to explore, to build collection farm, and gene bank that can be done by individual, government institutions or legal entities.

b) Supreme Court Decision No. 99/PUU-X/2012 Amendment Law No. 12/1992 on Plant Cultivation System on article 6, 9, and 12 Article 9 (3): Activity on explore and collect germ plasm as in (2) can be done by individual or legal entities based on permission except small farmers individual

Law, rule and legislation on Conservation on Genetic Resources and Wild Plants

a) Ministry Agriculture Regulation No. 15/Permentan/OT.140/3/2009 on The Guideline of Developing Material Transfer Agreement The objective of the regulation is to protect Indonesian genetic resources and to harmonize perception of agreement to preserve rights to protect, defense conservation system and sustainable utilization by public.

b) Ministry Enviroment and Forestry No P.2 Year 2018 on Access to Wild species and Genetic

Resource and Benefit Sharing of the Utilization. Guideline for applicant on access to Genetic Resources (GR) and/or Traditional

Knowledge Genetic Resources (TK-GR) related to wild species. Provider GR or TK – GR will enable to develop PADIA/PIC for equal benefit sharing Competent national authority to give permission on access to wild species

c) Law UU No. 11 Year 2013 is aimed to develop Persetujuan Atas Dasar Informasi Awal

[PADIA]/Prior Informed Consent for access to genetic resources

d) Law 29 Year 2000 on Plant Variety Protection Article 7: Local variety is owned by the state and its registration is handling by Ministry

Agriculture.

Providing Access to a wide diversity of PGRFA including from gene bank and information on Access and Benefit sharing

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Access Authority Description

http://abschindonesia.menlhk.go.id/

Ministry of Environment and Forestry

Indonesia Access and Benefit Sharing Clearing House

http://aplikasi.pertanian.go.id/varietas/tamu/utama.asp

Ministry Agriculture: Center for Plant Variety Protection and Agriculture Permits

Plant variety database: local variety, protected variety and released variety

http://bbsdlp.litbang.pertanian.go.id/sdgp/

Ministry Agriculture: Research Agency on Biotechnology and Genetic Resource

Mapping Distribution on Germ Plasm

http://bbpadi.litbang.pertanian.go.id/plasma/

Ministry Agriculture: Research Agency on Rice

Database Germ Plasm on Rice









Documents

Views, Experiences and Best Practices as an example of ... · This document presents the updated information on best practices and measures of implementing Article 9 of the International