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What future for seeds under the African Free Trade Area?

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The African Union is putting the finishing touches to the draft protocol on intellectual property rights to the agreement establishing the African Continental Free Trade Area (AfCFTA). Once ratified, this text will form an integral part of the AfCFTA and will be applied across all 54-member countries. The protocol will apply to all categories of intellectual property, including plant varieties, genetic resources and traditional knowledge. Specifically, it will aim to promote “coherent” intellectual property rights policy and a harmonised system of intellectual property protection throughout the continent (article 2.2.).
Given that intellectual property rights privatise agricultural biodiversity – our collective heritage and the cornerstone of food sovereignty – the implications of this protocol on seeds and the rights of peasants and rural communities in Africa must be carefully analysed.
Around the world, free trade agreements are forcing the privatisation of seeds, whether through patents or plant breeders’ rights. These rights enable seed companies to demand royalty payments from farmers for each generation of seeds they use, over a period of 20 to 25 years. According to seed companies such as Syngenta and Bayer, without these payments they will be unable to invest in research.
This same system is now rapidly gaining ground in Africa, potentially upsetting relationships between citizens within members states, and even between the member states themselves.
Article 8 of the draft protocol addresses this issue. It stipulates that state parties shall provide protection for new plant varieties through a legal system that includes farmers’ rights, plant breeders’ rights, and rules on access and benefit sharing “as appropriate”.
Furthermore, it adds that states shall comply with “additional obligations” set out in an annex to be developed once the protocol is adopted. Upon adoption, this annex, along with the annexes on traditional knowledge and genetic resources, will have the same legal value as the protocol (article 41 of the protocol).
Our analysis of these provisions seeks to address the following questions: What does this protocol mean for African countries? How will they implement it? What impact will it have on farmers and food sovereignty in Africa?
The meaning of the protocol
Spurred on by the World Trade Organisation (WTO), and under pressure from other bodies, half of all African countries have already introduced an intellectual property rights system on seeds. The vast majority follow the model of the 1991 convention of the International Union for the Protection of New Varieties of Plants (UPOV). (See graph.)
This system is highly criticised for promoting genetic uniformity of crops and preventing peasants from reusing seeds. The question now is whether the AfCFTA protocol will challenge this dominant system. The final draft text suggests that the answer is ‘no’.
Despite progressive-sounding references to farmers’ rights and benefit sharing, the protocol sets out the same requirements as the WTO, i.e., states must set up a plant variety protection system. Given that half the African countries already adhere to the UPOV model, it is highly likely that the AfCFTA protocol will simply reinforce, or even accelerate, this trend.
The protocol’s approach, consisting of requiring both the protection of breeders’ rights and farmers’ rights, as well as rules on access to genetic resources, is a ploy in the sense that the use of “as appropriate” strips it of all relevance. Presented in this way, the provision becomes more of a guideline, with member states left to apply this article in their own territories as they see fit.
Naturally, it will be implemented in line with their existing obligations, whether these stem from the WTO, the African Intellectual Property Organisation (OAPI) or the African Regional Intellectual Property Organisation (ARIPO). This “fait accompli”, with half the states already bound to UPOV to varying degrees, makes it difficult, or even impossible, to deviate from the status quo.
UPOV in conflict with all other agreements
As UPOV does not recognise farmers’ rights, whether derived from the International Treaty on Plant Genetic Resources for Food and Agriculture or the UN Declaration, it enters into direct conflict with these agreements. UPOV refuses to include rules on access to resources and benefit sharing, as set out in the Convention on Biological Diversity or, once again, the FAO Treaty. Since they are not “suitable” for UPOV, these additional elements will not materialise.
The conflict goes further still. In articles 18 and 20, the AfCFTA protocol requires states to oblige breeders to respect three conditions before they are granted a right to a new variety. These three conditions are: (i) to state the source of traditional knowledge or resources utilised in developing the new variety, (ii) to provide proof of free, prior and informed consent from the competent authorities under the relevant national regime, and (iii) to demonstrate proof of fair and equitable benefit sharing arising from the use of such resources or knowledge under the relevant national regime.[1] Yet these conditions do not correspond to UPOV rules, so what is the likely outcome?
It is highly likely that the African countries that conform with UPOV will continue to do so, even if they hardly benefit from it. It may be the case that those who wish to go further will do so, by applying additional conditions. However, we cannot see how governments will change the conditions for granting plant variety rights in UPOV member countries. In these countries, there is a risk that the protocol’s provisions will go unheeded.
It is hard to see how the draft protocol could achieve its objective of promoting coherence and harmonising intellectual property rules and principles in Africa if all AfCFTA member countries are given free rein to implement the protocol’s requirements as they see fit. Perhaps the annexes, which are still being negotiated, will shed light on this.
Conflicting farming models
The draft protocol to the AfCFTA agreement comes at a crucial time for Africa. The continent is divided in two on how it views the future of agriculture in Africa and the role of farmers. Some advocate and adhere to the idea of agribusiness taking a lead, with or without the involvement of small farmers. Others are seeking to strengthen family, peasant and autonomous farming and agroecology. These two rather opposing approaches are based on completely different seed systems and discussions about rights.
Across a number of countries, the industrial system promoted by UPOV is coming under fire. This can be seen in Benin, where farmers’ organisations are taking a stand against the government’s proposal to join UPOV. This is also evident in Kenya and Ghana, where legal proceedings are underway to amend or declare unconstitutional UPOV-based plant variety laws. Furthermore, in Southern Africa, a campaign to block alignment with UPOV, precisely because of the threats it poses to family farming in the sub-region, is slowing down progress on the ARIPO project. It can be seen in Tunisia and Mali, where civil society organisations are promoting a completely different approach to seed laws, based on the demands and criteria of the farming communities themselves. Lastly, it is apparent from the many initiatives and caravans run by local communities in alliance with others, lobbying local authorities and raising public awareness to call for an end to UPOV in favour of fundamental respect for farmers’ rights.
This conflict between production models and rights systems is reflected in the field of animal farming. The government of Burkina Faso was recently granted an exclusive right to the term “poulet bicyclette” (“bicycle chicken”, a common term for native chicken). It is a registered trademark and applies to live chickens, chicken meat and veterinary products for chickens. This exclusive right is effective in all 17-member countries of OAPI for a period of 10 years. However, the term “bicycle chicken” has been used across Western and Central Africa for a very long time to refer to local breeds, peasant breeds. It represents a collective heritage and is central to many agroecology projects. Benin has now banned the sale of frozen chickens, known as “morgue chickens”, across its territory in order to promote the farming of native chicken breeds, i.e., “their” bicycle chickens. Will the government of Burkina Faso exercise its veto or monopoly rights against this policy? Even the AfCFTA protocol supports this approach.
Original Source: Grain

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Climate wash: The World Bank’s Fresh Offensive on Land Rights

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Climate wash: The World Bank’s Fresh Offensive on Land Rights reveals how the Bank is appropriating climate commitments made at the Conference of the Parties (COP) to justify its multibillion-dollar initiative to “formalize” land tenure across the Global South. While the Bank claims that it is necessary “to access land for climate action,” Climatewash uncovers that its true aim is to open lands to agribusiness, mining of “transition minerals,” and false solutions like carbon credits – fueling dispossession and environmental destruction. Alongside plans to spend US$10 billion on land programs, the World Bank has also pledged to double its agribusiness investments to US$9 billion annually by 2030.

This report details how the Bank’s land programs and policy prescriptions to governments dismantle collective land tenure systems and promote individual titling and land markets as the norm, paving the way for private investment and corporate takeover. These reforms, often financed through loans taken by governments, force countries into debt while pushing a “structural transformation” that displaces smallholder farmers, undermines food sovereignty, and prioritizes industrial agriculture and extractive industries.

Drawing on a thorough analysis of World Bank programs from around the world, including case studies from Indonesia, Malawi, Madagascar, the Philippines, and Argentina, Climatewash documents how the Bank’s interventions are already displacing communities and entrenching land inequality. The report debunks the Bank’s climate action rhetoric. It details how the Bank’s efforts to consolidate land for industrial agriculture, mining, and carbon offsetting directly contradict the recommendations of the IPCC, which emphasizes the protection of lands from conversion and overexploitation and promotes practices such as agroecology as crucial climate solutions.

Read full report: Climatewash: The World Bank’s Fresh Offensive on Land Rights

Source: The Oakland Institute

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Africa’s Land Is Not Empty: New Report Debunks the Myth of “Unused Land” and Calls for a Just Future for the Continent’s Farmland

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A new report challenges one of the most persistent and harmful myths shaping Africa’s development agenda — the idea that the continent holds vast expanses of “unused” or “underutilised” land waiting to be transformed into industrial farms or carbon markets.

Titled Land Availability and Land-Use Changes in Africa (2025), the study exposes how this colonial-era narrative continues to justify large-scale land acquisitions, displacements, and ecological destruction in the name of progress.

Drawing on extensive literature reviews, satellite data, and interviews with farmers in Zambia, Mozambique, South Africa, and Zimbabwe, the report systematically dismantles five false assumptions that underpin the “land abundance” narrative:

  1. That Africa has vast quantities of unused arable land available for cultivation

  2. That modern technology can solve Africa’s food crisis

  3. That smallholder farmers are unproductive and incapable of feeding the continent

  4. That markets and higher yields automatically improve food access and nutrition

  5. That industrial agriculture will generate millions of decent jobs

Each of these claims, the report finds, is deeply flawed. Much of the land labelled as “vacant” is, in reality, used for grazing, shifting cultivation, foraging, or sacred and ecological purposes. These multifunctional landscapes sustain millions of people and are far from empty.

The study also shows that Africa’s food systems are already dominated by small-scale farmers, who produce up to 80% of the continent’s food on 80% of its farmland. Rather than being inefficient, their agroecological practices are more resilient, locally adapted, and socially rooted than the industrial models promoted by external donors and corporations.

Meanwhile, the promise that industrial agriculture will lift millions out of poverty has not materialised. Mechanisation and land consolidation have displaced labour, while dependency on imported seeds and fertilisers has trapped farmers in cycles of debt and dependency.

A Continent Under Pressure

Beyond these myths, the report reveals a growing land squeeze as multiple global agendas compete for Africa’s territory: the expansion of mining for critical minerals, large-scale carbon-offset schemes, deforestation for timber and commodities, rapid urbanisation, and population growth.

Between 2010 and 2020, Africa lost more than 3.9 million hectares of forest annually — the highest deforestation rate in the world. Grasslands, vital carbon sinks and grazing ecosystems, are disappearing at similar speed.

Powerful actors — from African governments and Gulf states to Chinese investors, multinational agribusinesses, and climate-finance institutions — are driving this race for land through opaque deals that sideline local communities and ignore customary tenure rights.

A Call for a New Vision

The report calls for a radical shift away from high-tech, market-driven, land-intensive models toward people-centred, ecologically grounded alternatives. Its key policy recommendations include:

  • Promoting agroecology as a pathway for food sovereignty, ecological regeneration, and rural livelihoods.

  • Reducing pressure on land by improving agroecological productivity, cutting food waste, and prioritising equitable distribution.

  • Rejecting carbon market schemes that commodify land and displace communities.

  • Legally recognising customary land rights, particularly for women and Indigenous peoples.

  • Upholding the principle of Free, Prior, and Informed Consent (FPIC) for all land-based investments.

This report makes it clear: Africa’s land is not “empty” — it is lived on, worked on, and cared for. The future of African land must not be dictated by global capital or outdated development theories, but shaped by the people who depend on it.

Download the Report

Read the full report Land Availability and Land-Use Changes in Africa (2025) to explore the evidence and policy recommendations in detail.

Source: Alliance for Food Sovereignty in Africa (AFSA)

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Discover How Foreign Interests and Resource Extraction Continue to Drive Congo’s Crisis

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Whereas Donald Trump hailed the “peace” agreement between Rwanda and DRC as marking the end of a deadly three-decade war, a new report from the Oakland Institute, Shafted: The Scramble for Critical Minerals in the DRC, exposes it as the latest US maneuver to control Congolese critical minerals.

Under the Guise of Peace

After three decades of deadly wars and atrocities, the June 2025 “peace” deal between Rwanda and the Democratic Republic of the Congo (DRC) lays bare the United States’ role in entrenching the extraction of minerals under the guise of diplomacy. For decades, US backing of Rwanda and Uganda has fueled the violence, which has ripped millions of Congolese lives apart while enabling the looting of the country’s mineral wealth. Today, Washington presents itself as a broker of peace, yet its longstanding support for Rwanda made it possible for M23 to seize territory, capture key mining sites, and forced Kinshasa to the negotiation table with hands tied behind its back. By legitimizing Rwanda’s territorial advances, the US-brokered agreement effectively rewards aggression while sidelining accountability, justice for victims, and the sovereignty of the Congolese people.

The incorporation of “formalized” mineral supply chains from eastern DRC to Rwanda exposes the pact’s true aim: Securing access to and control over minerals under the guise of diplomacy and “regional integration.” Framed as peacemaking, this is part of United States’ broader geopolitical struggle with China for control over critical resources. Far from fostering peace – over a thousand civilians have been killed since the deal was signed while parallel negotiations with Rwanda’s rebel force have collapsed – this arrangement risks deepening Congo’s subjugation. Striking deals with the Trump administration and US firms, the DRC government is surrendering to a new era of exploitation while the raging war continues, driving the unbearable suffering of the Congolese people.

Introduction

The conflict in eastern DRC, which dates back three decades to the aftermath of the 1994 Rwandan genocide and subsequent Congo Wars, has claimed over six million lives, displaced millions more, and inflicted widespread suffering. Since late 2021, Rwanda and its proxy militia, M23, have stormed through mineral-rich lands and regional capitals, inflicting brutal violence and triggering mass displacement. While billions of dollars in natural resources are extracted from the area, Congolese communities toil in extreme poverty.

On June 27, 2025, a “peace” agreement was signed between Rwanda and the DRC under the auspices of the Trump administration, with diplomatic assistance from Qatar.1 The deal included pledges to respect the territorial integrity of both countries, to promote peaceful relations through the disarmament of armed groups, the return of refugees, and the creation of a joint security mechanism. A key clause commits the countries to launch a regional economic integration framework that would entail “mutually beneficial partnerships and investment opportunities,” specifically for the extraction of the DRC’s mineral wealth by US private interests.

Placing the deal in a historical perspective – after three decades of conflict and over seven decades of US chess game around Congolese minerals – this report examines its implications for the Congolese people as well as the interests involved in the plunder of the country’s resources.

The report begins by retracing 30 years of war, fueled by the looting of Congo’s mineral wealth and devastating for the people of eastern DRC. It then examines how US policy in Central Africa, from the Cold War to the present, has been shaped by its interest in Congolese minerals, sustained alliances with Rwanda and Uganda, and a consistent pattern of overlooking atrocities in support of these allies.

The report then analyses the implications of the regional economic integration aspect of the deal, which aims to link mineral supply chains in the DRC and Rwanda with US investors. The last sections examine the prospect for lasting peace and security resulting from the deal and the impact of growing involvement of US private actors in DRC and Rwanda.

Original Source: Oakland Institute

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