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Overview of the Cartagena Protocol & MOPs. Francis Nang’ayo, PhD, DIC African Agricultural Technology Foundation, Nairobi, Kenya COP/MOP7 Kenya Stakeholders’ Preparatory Meeting Wednesday March 12, 2014 Jacaranda Hotel, Westlands Nairobi, Kenya. Outline.
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Overview of the Cartagena Protocol & MOPs Francis Nang’ayo, PhD, DIC African Agricultural Technology Foundation, Nairobi, Kenya COP/MOP7 Kenya Stakeholders’ Preparatory Meeting Wednesday March 12, 2014 Jacaranda Hotel, Westlands Nairobi, Kenya
Outline • International Conventions on Biodiversity and Biosafety • Cartagena Protocol on Biosafety • COP-MOP Meetings • Concluding Remarks
Convention on Biological Diversity • CBD and the Protocol • Article 8(g) of the Convention obligates contracting parties to establish means to manage risks associated with use of LMOs resulting from biotechnology … • Article 19(3) … need for and modalities of a protocol setting out appropriate procedures … AIA… in the field of safe transfer, handling and use of living modified organisms resulting from biotechnology that may have adverse effect on conservation and sustainable use of biological diversity…”. Cartagena Protocol on Biosafety about …contributing to ensuring an adequate level of protection in the safe transfer, handling and use of LMOs resulting from modern biotechnology that may have adverse effects on biological diversity, taking also into account human health • Objectives of CBD …are the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising out of utilization of genetic resources… via access to genetic resources and by appropriate transfer of relevant technologies … • Very simply, the CBD is about conservation, equitable and sustainable utilization of biodiversity
…contribute to the conservation andsustainable use of biological diversity, taking also into account risks to human health, by providing international rules and procedures in the field of liability and redress relating toliving modified organisms
What is COP-MOP? • The Conference of Parties serving as the Meeting of Parties • COP-MOP is the supreme decision-making body mandated with authority for negotiations and adoption of decisions for implementation of the Protocol • COP-MOP decisions are binding on the Parties • Six COP-MOP meetings have been held since 2004
SOCIO-ECONOMIC CONSIDERATIONS Cartagena Protocol Art. 26(1) The Parties, in reaching a decision on import under this Protocol [or under its domestic measures implementing the Protocol,] may take into account, consistent with their international obligations, socio-economic considerations arising from the impact of living modified organisms on the conservation and sustainable use of biological diversity, especially with regard to the value of biological diversity to indigenous and local communities. [CPB 2000, emphasis added]
SOCIO-ECONOMIC CONSIDERATIONS • Most countries, being Parties to the Protocol have introduced SEC into their national Biosafety Law • In Africa, some of the countries that refer to SEC: • Kenya, Tanzania, Zambia, Nigeria to name a few • Scope of SEC covered is wide! • trade, ethical, cultural, religious, aesthetic, etc • Such scope is just so wide to a point of being vague or just being at odds with RA! • Presents difficulty and complexity of assessment ….chaos and confusion!
SOCIO-ECONOMIC CONSIDERATIONS… • Given this wide range of interpretations, there is little or no clarity on either which steps are necessary to assess socioeconomic considerations or which methods and tools can best be used to assess these considerations. • Equally unclear is how these interpretations can be translated into realistic evaluations.
Questions • How to define the analysis and scope of socioeconomic considerations and insert them into a functional biosafety system are questions still awaiting answers. • At what stage or stages of the regulatory process should socioeconomic considerations be included? • What would be the adequate level and scope of analysis for these considerations? • How are they going to be included in the decision-making process? • How will the results of an assessment be judged in relation to biophysical evaluations?
FONDATION AFRICAINE POUR LES TECHNOLOGIES AGRICOLES Thank you for your attention