肯尼亚法院裁定禁止种子共享的法律违宪。
Kenyan court declares law banning seed sharing unconstitutional

原始链接: https://apnews.com/article/kenya-seed-sharing-law-ruling-ad4df5a364299b3a9f8515c0f52d5f80

肯尼亚高等法院宣布2012年种子法的部分条款违宪,这是粮食安全和农民权利的重大胜利。该法律之前将农民分享和销售本土种子定为犯罪,处罚包括监禁和巨额罚款。 这项裁决是由15名小农户提起的诉讼促成的,它使允许政府突袭社区种子库的条款无效。支持者认为该法律偏袒有执照的公司,并威胁了对保护适应气候、本地化的种子至关重要的传统耕作方式。 这一决定肯定了社区种子库与国家种子库同等重要的地位,确保农民能够获得多样化、抗旱的品种。绿色和平组织非洲等食品倡导者庆祝这项裁决,认为这是对公司控制食品体系的打击,也是对可持续未来至关重要的文化实践的重申。此案源于对假冒种子影响肯尼亚主要雨养农业部门的担忧。

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原文

KISUMU, Kenya (AP) — A high court in Kenya on Thursday declared unconstitutional sections of a seed law that prevented farmers from sharing and selling indigenous seeds in what food campaigners have called a landmark win for food security.

Farmers in Kenya could face up to two years’ imprisonment and a fine of 1 million Kenya shillings ($7,700) for sharing seeds through their community seed banks, according to a seed law signed in 2012.

Justice Rhoda Rutto on Thursday said sections of the seed law that gave government officials powers to raid seed banks and seize seeds were also unconstitutional.

The law was introduced as a measure to curb growing sale of counterfeit seeds that were causing loses in the agricultural sector and gave sole seed trading rights to licensed companies.

The case had been filed by 15 smallholder farmers, who are members of community seed banks that have been in operation for years, preserving and sharing seeds among colleagues.

A farmer, Samuel Wathome, who was among the 15, said the old farming practices had been vindicated.

“My grandmother saved seeds, and today the court has said I can do the same for my grandchildren without fear of the police or of prison,” he said.

Elizabeth Atieno, a food campaigner at Greenpeace Africa, called the win a “victory for our culture, our resilience, and our future.”

“By validating indigenous seeds, the court has struck a blow against the corporate capture of our food system. We can finally say that in Kenya, feeding your community with climate-resilient, locally adapted seeds is no longer a crime,” she said.

Food campaigners have in the past encouraged governments to work with farmers to preserve indigenous seeds as a way of ensuring food security by offering farmers more plant varieties.

Indigenous seeds are believed to be drought resistant and adaptable to the climate conditions of their native areas, and hence often outperform hybrid seeds.

Kenya has a national seed bank based near the capital Nairobi where indigenous seeds are stored in cold rooms, but farmers say community seed banks are equally important for variety and proximity to the farmer.

The country has faced challenges in the seed sector where counterfeit seeds were sold to farmers, leading to losses amounting to millions of shillings in a country that relies on rain-fed agriculture.

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