Plant Varieties Act to be challenged in court

By Patrick Jaramogi

The Plant Variety Protection Bill was passed in error, civil society organisations say, and for that reason, they want it scraped.

Assented to by the President on June 21 last year having been passed in Parliament on December 20 2013, the Plant Variety Protection Act, 2014 seeks to provide for the promotion of development of new plant varieties and the protection as a means of enhancing breeders innovations and rewards through granting of plant breeders rights and for other related matters.

Civil society organizations led by the Center for Human Rights and Development (CEHURD), Food Rights Alliance, Action-aid and others have lined up lawyers to challenge the law, which they say was passed without considering the views of farmers.

Moses Mulumba, the CEHURD executive director, noted that litigation is not about winning. “We are mobilizing momentum and we want to set a precedent.”

Addressing a meeting at Protea Hotel to validate the study on the legality of the Plants Variety Protection Act in Kampala, Mulumba noted that the Plant Variety Act will be challenged on three grounds.

He highlighted the lack of farmers’ rights, lack of participation and lack of quorum while passing the law as the key grounds for challenging the law.
 

Activists say the law was passed without considering farmers' views. (File photo)

Mulumba argued that it is evident that the quality of the Ugandan Parliament is lacking. 

He said he based his statement on remarks by Deputy Speaker, Jacob Olulanya regarding persistent absenteeism and lack of quorum by legislators.

Silver Kayondo, one of the lawyers lined up to challenge the law, said the Parliamentary Rules of Procedure were not followed yet its binding.

 Kayondo observed that that the law was passed three minutes just after the Anti-Homosexual Act was passed.

The lawyer added that the Speaker of Parlaiment, Rebecca Kadaga, didn’t follow procedure that requires her to ensure laws are passed with at least a third of the House present.

On her part, Bridget Mugambe, coordinator Alliance for Food Sovereignty in Africa said the law doesn’t indicate the serious issues that affect the Ugandan farmers.

“We need to stick to the issues that speak about farmers rights which are missing in the Act,” she said.

Agnes Kirabo, the executive director Food Rights Alliance observed that the issue of sidelining farmers’ views cannot be accepted yet they contribute a lot towards the economy-building of the nation.