Confronting Contamination: Biosafety

1. Confronting Contamination: Biosafety Lim Li Lin, Third World Network

2. 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

3. 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?

4. 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

5. Biosafety?

6. National biosafety options • GE-free • Moratorium • Case-by-case assessment system

7. 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 Party’s other obligations under international law.”

8. 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

9. GE-free, moratorium, restrictions • Enforcement • Monitoring • Unintentional/illegal releases • Emergency measures • Liability and redress • Offences and penalties

10. 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

11. 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”

12. 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

13. 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

14. 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

15. 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?

16. www.biosafety-info.net