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Destruction of the rich SADC regional plant diversity threatens the well-being of the
population by depressing ecological processes that provide the ingredients for our food,
medicine, shelter and livelihoods. Indigenous knowledge and practices form basis for
ensuring food security, and they often play roles in the preservation of local biodiversity.
The SPGRC has made significant contribution to plant genetic resources policy development
and harmonization at national, regional and international levels by rendering support to a
number of PGR initiatives such as the formulation of the African Model Legislation for the
Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation
of Access to Biological Resources, which was later adopted by the African Union. It also
participates in the negotiations for the ITPGRFA. There are however, a number of policy
related constraints and opportunities that affect the conservation and utilization of PGR in the
SADC region, which include disparity in the legislation on the regulation of access to
germplasm in most SADC countries.
In most SADC countries, terms and conditions of access to germplasm and its distribution to the endusers
are not clearly defined. Bilateral and multilateral initiatives have been used to try and regulate
genetic resources. Regulating and controlling access to genetic resources as required under these
instruments is complicated by aspects of IPR, which are included in these instruments.
Generally, conducive agricultural policies do exist in the region. The positive political will
and commitment from Member States to develop the agricultural industry provide an
opportunity for the SPGRC network to develop a particular regional policy for conservation
and utilization of PGR. In SADC countries where PGR policies have been developed, their
implementation has been rather weak due to various reasons including limited funding and
institutional capacities.
The SPGRC and the network programme have facilitated effective representation of the SADC region
at international fora on revision of the FAO International Undertaking on Plant Genetic Resources,
which has now culminated into the adoption of the ITPGRFA with most of the SADC countries
having ratified the Treaty. The SADC region with active participation of SPGRC has also been
actively involved in the discussions of various issues arising out of the Convention on Biological
Diversity, leading to the implementation of the required actions such as the adoption of the Cartagena
Protocol on Bio-safety and the establishment of the SADC Advisory Committee on Biotechnology.
The proposal dwells on developing a regional PGR policy framework that will be leverage
into resolving some of the controversial nature of competing claims for control over PGRFA
and the conditions under which they can be used, transferred and exchanged. It will enhance
and increase responsibility to implement international legal agreements at national level, such
as the ITPGRFA, the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPs), and the CBD. It will also resolve tensions among stakeholders to avoid subversion
of future use, exchange, conservation of PGRFA, research and development related to the
resources as well as help to better define and advance national priorities that are not
addressed by international agreements.
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