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Seed Sovereignty: Most existing and emerging laws and policies on seeds are endangering seed saving and conservation on the African continent.

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By the Witness Radio team

In Africa, farmers and civil society organizations are urgently warning about the adverse effects of existing policies on agrobiodiversity. These policies aim to erode centuries-old traditions of seed saving and exchange, effectively undermining seed sovereignty and intensifying dependency on commercial seed companies.

The struggle over seed sovereignty, particularly the rights of smallholder farmers, has become one of the most pressing issues for the continent’s agricultural future. As governments introduce new seed laws, such as the proposed East African Seed and Plant Varieties Act Bill of 2024, the preservation of cultural seeds and the rights of smallholder farmers are at stake.

The Communications and Advocacy Officer at Kenya’s Seed Savers Network, Tabitha Munyeri, notes that this has heightened monoculture, thereby significantly reducing the focus on indigenous plant varieties.

“There’s a lot of loss of agrobiodiversity with people focussing on a few foods, a few crops, leaving out so many other essential crops that have sustained humankind for generations and it is also important because it is coming at a time where we are having a lot of also conversations around different seed laws that are coming up for example within the EAC  we see that there is the seed and plant varieties bill of 2024 and we are looking at it as a huge setback and there is need for us to create awareness around even the policies that exist.”

She further argues that there is a need to raise awareness and sensitise farmers to the existing policies so that they can understand their effects on agrobiodiversity.

“Even for Kenya we have been having punitive seed laws for the longest time but now we are happy that courts of law are reviewing the law, but we still think that there is need to create a lot of advocacy around the seed laws and what they really mean to farmers because some of them do not understand, some of them are not even interested but once they get to know what it means and the impacts that the laws have on them then they are also able to become more vocal and more involved in the process.” She says.

Farmers in Africa have been the custodians of agricultural biodiversity, developing and maintaining numerous varieties of crops that are suited to local soils and climates. However, over the last few decades, the focus on farming has drastically declined to a handful of “high-yield” crops and imported hybrid varieties, leaving out the diverse indigenous seeds that have sustained communities through droughts, pests, and diseases.

Munyeri warns that this decline in agrobiodiversity is accelerating, driven not merely by market pressures, but by restrictive laws that criminalise and discourage traditional seed-saving practices.

In Kenya, where smallholder farmers supply more than 80 percent of the country’s food, seed systems have long depended on the informal exchange of seeds within communities. Small-hold farmers have relied on these systems to share, adapt, and innovate with seeds suited to their local conditions. However, existing laws have tended to favour the formal sector, requiring seed certification, variety registration, and compliance with intellectual property protections that most small-scale farmers cannot afford.

The 2024 Seed and Plant Varieties Act Bill, currently under discussion in several East African countries, has sparked significant controversy. It seeks to modernize agriculture and align national systems with international standards. However, smallholder farmers and critics contend that it allows corporate control over genetic resources, limiting farmers’ autonomy and threatening biodiversity. Under such a framework, only registered seed varieties can be legally traded or exchanged, effectively outlawing the informal seed networks that have sustained rural communities for centuries.

If smallholder farmers lose their rights to exchange and cultivate indigenous varieties, they may also lose control over their food systems. Dependence on improved seeds necessitates purchasing new stock each planting season, eroding self-reliance and increasing vulnerability to market fluctuations.

This awareness gap is what the Seed Savers Network hopes to address. Through training programs and advocacy initiatives, including its recently concluded regional boot camp, the organization equips participants from across Africa with knowledge about seed laws, biodiversity, and policy engagement.

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