A comparative study of the legal and regulatory dimension of seed sector development in Sub-Saharan Africa using regulatory systems maps: The case of Ethiopia, Rwanda, and Uganda

Abstract

Context

Harmonization of Africa's rules and regulations for seed sector development began several decades ago through efforts of its regional economic communities. This process of regional alignment has, to a degree, incorporated a more pluralistic approach that considers and acknowledges that multiple seed systems make up the seed sector and that national legal systems may contain different innovations and flexibilities. With deeper continental integration foreseen under the African Continental Free Trade Area, the focus on regional alignment of agricultural rules in Africa has increased. While this presents an opportunity for policy and regulatory change in support of seed sector development, deeper study is warranted of how regional and national policy and regulatory systems align and where differences could advance greater equity in seed systems.

Objective

This study aims to analyze and compare the legal and regulatory dimensions of seed sector development in Sub-Saharan Africa by identifying areas of convergence and divergence across both law and practice in national legal systems.

Methods

The study applies a relatively novel method—Regulatory Systems Mapping—that allows for both comparative and contextual analysis. The methodology focuses on four qualitative comparative criteria (efficiency, legal design, implementation, and flexibility and equity) to highlight stakeholder experiences and good practices in seed sector development. The method is applied to three countries (Ethiopia, Rwanda, and Uganda), all of which are members of the Common Market for Eastern and Southern Africa and have reformed domestic law in line with various regional agreements.

Results and conclusions

The study finds both differences and similarities between the three countries in terms of practices, flexibilities, alignment, needs, and gaps in the legal and regulatory dimensions of seed sector development, particularly with respect to areas in which written law differs from stakeholder experience. These findings suggest the need for several national-level interventions and a review of regional rules and procedures to integrate flexibility and stakeholder priorities in legal and regulatory design and implementation.

Significance

The study not only contributes to the growing body of literature on African policy and regulation for seed sector development but also details a novel methodological approach to comparing seed regulatory systems, with emphasis on analytically isolating intervention points, legal innovations, and fit-for purpose pluralistic approaches. This analysis provides the kind of evidence that policymakers need to improve regulatory systems to better address dimensions such as flexibility and equity that reflect farmers' needs, reduce costs, and increase participation in seed systems.