International Negotiations on Liability and Redress

1. International Negotiations on Liability and Redress

2. Overview of presentation • Overview of process • Process in the future • What do we want? • Why do we want this at international level? • Issues on the negotiating table • Way forward for us?

3. Overview of Process • Article 27 of Biosafety Protocol establishes mandate for current negotiations • A Working Group was established by COP/ MOP1 in 2004 mandate to: -review information relating to liability and redress for damage resulting from TBM of GMOs; Analyse general issues relating to potential and/or actual damage and scenarios of concern; Elaborate options for elements of rules procedures on liability and redress

4. Where is the process? • 4 WG meetings have already taken place • 4th meeting in Montreal in October 2007, which focussed on elaboration of options for rules and procedures referred; • Working document of 53 pages in Annex II of report of meeting

5. Process in the future • Next WG meeting in Bogotá, Colombia 12-19 March 2008-final WG meeting • Report to the COP/MOP 4 in May 2008 Bonn • Deadline expires when need to adopt international rules and procedures

6. What is important to us?

7. What do we want? • System/scheme for victims to get compensation • System to achieve redress • Ensure that risks to human health, environment and socio economic harm is covered • Promote prevention of damage

8. Why?-because of problems with national laws • These are poorly enforced, are not just, create difficulties for victims to overcome legal hurdles such as causation; the foresee ability test, multiple sources of damage and are too restrictive/inadequate • Access to justice

9. Issues on the negotiating table (1) • International rules and procedures that are binding vs. guidelines • Scope: damage from TBM or damage from transport, handling, use, transit • Definition of damage damage from TBM or damage from adverse impacts of GMOs on conservation, sustainable use of biodiv, taking also into account the risks to human health (BSP objective)

10. Issues on negotiating table (2) • Scope of damage: Effects on environ, human health, socio economic damage, costs of prevention, restoration measures=this does not imply liability, only what can be claimed

11. More issues…. • Strict liability vs. fault based liability • Exemptions to liability • Compulsory insurance • Limitations on liability • Joint and several liability

12. Way forward for us?

13. What can we do for Colombia meeting? • Research from Latin America on the linkages of glyophosate as inextricable part of GMO-in international law context • Scandalise the Glyphosate contamination • Research from Latin America on socio-economic impacts of GMOs in the context of liability and redress and why we need a strong regime?

14. Further planning for COP MOP • Strategise how we wish to use the existing infrastructure for COP MOP Bonn preparations to push our agendas

15. An international regime will take another 2-3years or more to be concluded… in the meanwhile, we have to continue or local, national, and regional struggles.