Confronting Contamination: Biosafety Lim Li Lin, Third World Network

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

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?

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

Biosafety?

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

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.”

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

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

Introduction to the Cartagena Protocol on Biosafety CPB: 1 st 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 1 st Meeting of the Parties was held in Kuala Lumpur from February 2004

History and Background In 1992, the CBD was 1 st 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”

Significance of the Protocol Recognises for the 1 st 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

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

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

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?