Protection of Farmers' Rights through a Sui Generis System in Indonesia

摘要

The recognition and protection of farmers' rights has not been a top priority in the determination of agricultural policy in the agrarian country of Indonesia, whereas most of the Indonesian population is farmers (38.07 million). Trade liberalization in agriculture promoted by the World Trade Organization (WTO) also makes farmers increasingly marginalized particularly with the existence of UPOV Convention 1991. The UPOV Convention 1991 provides a strong protection to breeders' rights and limits the rights of farmers which have been recognized previously. Consequently, farmers are not free from fear, threats in innovation and creation, especially in maintaining their local wisdom of storing, buying, swapping and splitting the seeds. Such conditions will ultimately threaten food security in Indonesia. Whereas public international law has laid the foundation for the protection of farmers' rights and ordered the state to regulate it in its national law. This paper aims to analyze how should Indonesia national law recognize and protect farmers' rights to support food sovereignty. This paper offers a sui generis system for the protection of farmers' rights based on fair and equitable principles.