Confronting Contamination: Biosafety

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Confronting Contamination Biosafety

• Lim Li Lin, Third World Network

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Contamination cases Some examples

• Mexico contamination of maize in centre of
  origin and diversity
• Hawaii papaya contamination
• Canada canola contamination
• Thailand cotton and papaya contamination
• US biopharm contamination
• Starlink
• Bt 10

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Contamination Some issues

• Contamination in a centre of origin and diversity
• Contamination of crops with cultural, spiritual
  significance
• Damage to biodiversity/ecosystems
• Contamination as a strategy of the GE industry
• GE-free as an option?
• Loss of exports/markets
• IPRs, corporate control and ownership
• .liability?

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US FDA Guidance for Industry Recommendations for
the Early Food Safety Evaluation of New
Non-Pesticidal Proteins Produced by New Plant
Varieties Intended for Food Use
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Biosafety?
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National biosafety options

• GE-free
• Moratorium
• Case-by-case assessment system

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Cartagena Protocol on Biosafety

• A minimum standard that Parties must
  implement-Article 2 (4)
• Nothing in this Protocol shall be interpreted
  as restricting the right of a Party to take
  action that is more protective of the
  conservation and sustainable use of biological
  diversity than called for in this Protocol,
  provided that such action is consistent with the
  objective and the provisions of this Protocol and
  is in accordance with that Partys other
  obligations under international law.

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National implementation

• The Cartagena Protocol is a negotiated framework
  international law that sets minimum standards for
  national biosafety implementation
• Sovereign countries are free to interpret, and
  implement the Cartagena Protocol in a more
  comprehensive way, and with higher standards

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GE-free, moratorium, restrictions

• Enforcement
• Monitoring
• Unintentional/illegal releases
• Emergency measures
• Liability and redress
• Offences and penalties

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Introduction to the Cartagena Protocol on
Biosafety

• CPB 1st and only international law on genetic
  engineering/genetically modified organisms
• Entered into force 11 September 2003
• Currently, there are more than 100 Parties
• Most of the Parties are developing countries,
  with the majority from Africa and small island
  states
• The 1st Meeting of the Parties was held in Kuala
  Lumpur from 23-27 February 2004

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History and Background

• In 1992, the CBD was 1st opened for signature at
  the Rio Conference on Environment and Development
• Article 19 (3) of the CBD
• The Parties shall consider the need for and
  modalities of a protocol, setting out appropriate
  procedures, including, in particular, advance
  informed agreement, in the field of safe
  transfer, handling and use of any living modified
  organism resulting from biotechnology that may
  have adverse effect on the conservation and
  sustainable use of biological diversity

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Significance of the Protocol

• Recognises for the 1st time in international law
  that GMOs are inherently different from other
  naturally occurring organisms and carry special
  risks and hazards and therefore need to be
  regulated internationally

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Significance of the Protocol

• Recognises that GMOs may have biodiversity, human
  health, and socio-economic impacts and that
  these impacts must be risk assessed or taken into
  account when making decisions
• Recognises the crucial importance of centres of
  origin and genetic diversity
• Recognises the special needs and vulnerabilities
  of developing countries

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Significance of the Protocol

• Precautionary Principle
• Principle of prior informed consent
• Establishes the right to say no
• Obligations and responsibility on
  producers/exporters
• Deals with the international transboundary
  movement (import and export) and international
  liability

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Regulating the unregulatable?

• Do we know the risks (consequences x likelihood)?
• Do we know what to do if something goes wrong?
• Can negative impacts be reversed? Is remediation
  possible?
• Is co-existence possible? Is contamination
  inevitable?

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