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Status of Biosafety in COMESA countries Michael Waithaka and David Wafula. Cartagena and UNEP-GEF. All the COMESA countries have either ratified or acceding to requirements of the Cartagena Protocol on Biosafety
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Status of Biosafety in COMESA countries Michael Waithaka and David Wafula
Cartagena and UNEP-GEF • All the COMESA countries have either ratified or acceding to requirements of the Cartagena Protocol on Biosafety • Implications- they have accepted to be bound by the provisions of the protocol • NBFs- at least 17 COMESA member states (89%) have developed NBFs based on UNEP-GEF guidance and framework • NBFs address key components including-government policy on biosafety, regulatory regime (laws and regulations) and systems for handling requests (contained, confined trials or placement of the market)
Summary of national biotechnology policies • We have three categories of countries • Elaborate national biotech policies- Kenya, Madagascar, Malawi, Rwanda, Sudan, Uganda, Zambia and Zimbabwe • Draft biotech policies in the pipeline- Burundi, Comoros, DR Congo, Eritrea, Libya and Swaziland • Sectoral policies with reference to biotech and biosafety-Ethiopia, Djibouti, Egypt, Mauritius and Seychelles
Institutional arrangements • COMESA countries have put in place institutional frameworks to govern biotechnology, most take the form of NBCs • Bodies responsible for biosafety fall under different ministries: Kenya- Higher Education, S&T, Egypt-Agriculture and Land Reclamation (MALR)-Malawi-Ministry of Environment-Swaziland- Ministry of Tourism, Environment and Communication-Mauritius-Agriculture, food technology and natural resources. • Countries with biosafety laws- have set up autonomous bodies e.g’, Zimbabwe has a biosafety board and the Zambia biosafety law makes provision for the establishment of NBA
Biosafety legislation • Comprehensive laws enacted- Kenya, Malawi, Mauritius, Zambia and Zimbabwe (22%) • Draft Biosafety Bills- Burundi, DR Congo, Eritrea, Madagascar, Rwanda, Sudan, Swaziland and Uganda (52%) • Sectoral laws- Comoros, Djibouti, Libya and Seychelles (26%)
Commercial planting of GMOs • Egypt is the only COMESA country that has approved planting of a GM crop (Bt maize variety) and Bt cotton in the pipeline • Egypt lacks a stand alone policy or law but sectoral laws on registration and release of crop varieties and seeds have been used • Egypt has guidelines that prescribe use, handling, transfer and testing of GMOs • Mauritius- NBF and legislation makes provision for regulation of GMOs for market, release into the environment, transit, import or export
Commercial planting • Swaziland- legal framework cover confined field trials, pre and commercial releases of GM materials and live imports • Zambia-precautionary stance, policy states approval for transfer, use and release of GMOs shall not be given where there is reason to believe that harm or damage may result • Kenya- several trials taking place under existing regulations. Regulations in the Biosafety Bill make provision for developing regulations on environmental release of GMOs • Most of the countries pay reference to risk assessment and management measures before environmental release of GMOs-Burundi, Sudan
Trade in GM products • Egypt-procedures for importation of GM crops into Egypt have been prepared • Kenya- regulations in the Biosafety Bill make provision for import, export, placement on the market and handling of GMOs in transit • Burundi- draft bill covers exports of GMOs or products derived from GMOs • Ethiopia-Biosafety proclamation passed regulates import, export, transit, handling, transport and placing on the market • Sudan policy-covers trade in transboundary movement of GMOs
Food aid with GM content • Seychelles-member of WHO and FAO, recognizes application of Codex and WHO guidelines to conduct food safety assessments • Swaziland- policy on biosafety states that food aid with GM content should be milled prior to distribution • Zambia-policy subjects GMOs intended FFP to Advance Informed Agreement (AIA)- restrictive approach that exceeds provisions of the Biosafety Protocol • Burundi-draft biosafety bill contains notification and authorization procedures prior to an intentional transboundary movement of GMOs intended for food or processing
Conclusions • Most have ratified Cartagena protocol • Many are moving towards having biosafety frameworks • Many are putting in formal institutional mechanisms • There is a need to harmonize the different approaches • Regional guidelines • Road map