TWN Info Service on Biodiversity and TK, Biosafety
20 August 2021
Third World Network
www.twn.my
Dear Friends and Colleagues
Analysis and proposals for Target 17 of the First Draft of the post-2020 GBF
The First Draft of the post-2020 global biodiversity framework (GBF) was made available on 5 July 2021. The GBF is currently being negotiated by Parties to the Convention on Biological Diversity (CBD) and is meant to address the CBD’s implementation in the period post-2020.
We are pleased to share an analysis and proposals for Target 17 of the GBF, which addresses the issue of biosafety.
With best wishes,
Third World Network
Analysis and proposals for Target 17 of the First Draft of the
post-2020 Global Biodiversity Framework
Briefing note by Third World Network
August 2021
Introduction
Target 17 of the First Draft of the Global Biodiversity Framework (GBF) addresses the issue of biosafety. There are obligations under Articles 8(g) and 19(3) of the Convention on Biological Diversity (CBD) relating to living modified organisms (LMOs) resulting from biotechnology. The Cartagena Protocol on Biosafety is a protocol to the CBD, which operationalizes these provisions. Additionally, the Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety was adopted to deal with potential damage from LMOs.
Target 17 currently reads: Establish, strengthen capacity for, and implement measures in all countries to prevent, manage or control potential adverse impacts of biotechnology on biodiversity and human health, reducing the risk of these impacts.
Missing elements
The need for regulation
Rationale for inclusion: Article 8(g) of the CBD obliges Parties to establish or maintain means to regulate the risks associated with living modified organisms (LMOs) resulting from biotechnology. The Cartagena Protocol on Biosafety is the legally-binding instrument that implements Article 8(g) and Parties have to take necessary and appropriate legal, administrative and other measures to implement their obligations.
Socio-economic considerations
Rationale for inclusion: Article 26 of the Cartagena Protocol establishes the right of Parties to take into account socio-economic considerations, especially with regard to the value of biodiversity to indigenous peoples and local communities (IPLCs). The roots of this article are in the CBD’s Article 8(j), which sets out obligations with respect to the “knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles”.
Modern biotechnology and synthetic biology
Rationale for inclusion: The Cartagena Protocol implements Article 8(g) of the CBD and further provides definitions of ‘modern biotechnology’ and ‘living modified organism’, which provide more clarity and specificity. Synthetic biology and other new genetic techniques also fall within the scope of modern biotechnology, and the CBD COP has taken numerous decisions (X/13, XI/11, XII/24, XIII/17, 14/19) addressing synthetic biology and its risks. During the timeframe of the GBF, synthetic biology and other new genetic techniques will be increasingly used, hence their risks should also be adequately addressed.
Horizon scanning, monitoring and assessment
Rationale for inclusion: Decision 14/19 agreed that a broad and regular horizon scanning, monitoring and assessing of the most recent technological developments is needed for reviewing new information regarding the potential positive and potential negative impacts of synthetic biology vis-à-vis the three objectives of the Convention and those of the Cartagena Protocol and Nagoya Protocol. Horizon scanning, monitoring and assessment are thus relevant to modern biotechnology, including synthetic biology and other new genetic techniques, and would allow for the rapid and fast-paced developments in the field to be reviewed, and their potential adverse effects anticipated, monitored and assessed.
Liability and redress
Rationale for inclusion: Article 14 of the CBD obliges Parties to examine the issue of liability and redress for damage to biodiversity. Article 27 of the Cartagena Protocol mandated Parties to adopt a process on the elaboration of international rules and procedures on liability and redress for damage resulting from LMOs; the result is the Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress.
Free, prior and informed consent
Rationale for inclusion: The principle of free, prior and informed consent (FPIC) for IPLCs is established and implemented not only by the CBD, but also international human rights standards such as the UN Declaration on the Rights of Indigenous Peoples. CBD COP Decision 14/19 in particular calls for FPIC (or the equivalent at national level) of potentially affected IPLCs to be sought or obtained in relation to the environmental release of gene drive organisms.
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| Proposed textWe therefore propose that Target 17 be amended as follows (additions in bold, deletions in strikethrough):
Establish, strengthen capacity for, and implement legal, administrative and other measures in all countries to regulate, prevent, manage or control potential adverse impacts of modern biotechnology, including of synthetic biology and other new genetic techniques, on biodiversity and human health, taking also into account socio-economic considerations, reducing the risk of these impacts while establishing broad and regular horizon scanning, monitoring and assessing of the most recent technological developments, ensuring liability and redress for damage, and obtaining the free, prior and informed consent of potentially affected indigenous peoples and local communities in relation to the release of any products of modern biotechnology into their lands, territories and waters. |
Indicators
The headline indicator for this target has yet to be developed. However, component indicators and complementary indicators have been proposed. We suggest that these indicators are aligned with the indicators of the post-2020 Implementation Plan and Capacity-building Action Plan for the Cartagena Protocol, which are comprehensive in scope and were developed through an extensive consultative process.