Strengthening bio-safety

Genetically modified Organism (GMO) is basically an organism (plant, animal or microorganism) created by application of bio-technology. The application of which a new genetically characterised organism is created by introducing a new character or genetic carrier or gene in any organism found from that organism or from any wild species thereof or from completely different type of organism.

The term GMO or LMO (Living Modified Organism) are used interchangeably to denote the same thing pertaining to modern biotechnology. In the context of Bangladesh, GM crops and foods are highly debated issue over the last few years. This issue at first drew the attention of Bangladeshi people after the agreement between Monsanto and Grameen Bank in 1998. On 30th October 2013 Government by a notification approved to cultivate Bt. Brinjal and by that Bangladesh becomes the first in South Asia to grow a GM food crop.

The promoters of GM crops or foods argue that, Bangladesh's population is increasing rapidly but cultivable land is decreasing at1% per year, agriculture is also threatened by adverse impacts of climate change (i.e. salinity, drought, flood, storm), insects and diseases. So, high yielding GMOs (e.g. Golden Rice, Bt. Brinjal and GM Banana) will be the miracle solution to meet demands of food production and nutrition.

On the other hand, environmentalists allege that, some international companies are trying to deprive Bangladesh from her rich variety of agricultural crops by appropriating and displacing them by introducing their own GM crops. This would make Bangladeshi farmers permanently dependent on them for seeds. Eco-feminists are also committed not to sacrifice their seed and food sovereignty for corporate control and profits, as women are primary food-growers and food-givers claim that, alternative lies in women's hands and minds and demands a paradigm shift from monocultures to diversity and from chemicals to organic.

Previously there were no special laws regulating biotechnology, biosafety and GMOs in Bangladesh even though the country ratified the Cartagena Protocol on biosafety (makes provisions to regulate, manage or control risks associated with transfer, handling and use of GMOs/LMOs and products thereof that may have adverse effects on conservation and sustainable use of biological diversity). In 2012 Government has passed The Bio-Safety Rule, in exercising rules making power delegated under Section 20 of the Bangladesh Environment Conservation Act, 1995. With passing this Rule, GMOs are no more unregulated in Bangladesh.

Rule no. 3 imposes restrictions on import and export of GMOs as 'no person or institution can import, export, buy, sell or commercially use the Genetically Modified Organism and products thereof, without prior permission from the Ministry of Environment and Forest'. This Rules also provides for mandatory provision for identification or labeling of GMOs in rule 5 as 'any box or cover, which carries Genetically Modified Organism or Products thereof, shall have detail identification or labeling on it relating to the nature of Genetically Modified Organism or products thereof, which is additional provision, notwithstanding anything contained in any other law regarding this'. This Rules criminalised adverse impacts of GMOs as 'environmental pollution and damaging the ecosystem' in the following words 'if any environmental pollution is created or ecosystem is damaged by the Genetically Modified Organism or Products thereof, the producer institution, exporter, importer, store keeper, supplier and retailer, all shall be liable for the offence of environmental pollution or ecosystem damage, unless he/they proves that he/they does not have direct involvement with such pollution or damage' (rule 9).

In respect of biosafety related to GMOs, Bangladesh has also developed a Bio-safety Guideline in 2007, which is endorsed by the Bio-safety Rules. The Guidelines of 2007 formed the basis of the regulatory framework of monitoring and enforcement processes in respect to biosafety in Bangladesh and it also structured the institutional frameworks. This Guideline provides different biosafety Committees and their composition, powers, functions and responsibilities.

Biosafety guidelines are applicable to all research and development activities of modern biotechnology conducted in laboratories of the government research institutes, state enterprises, universities, international organisations located in Bangladesh, private companies or non-governmental organisations etc.

In accordance with the mandate of National Bio-Safety Framework- 2007, the Government of Bangladesh is now framing a National Bio-safety Policy and a GMO Enforcement Manual. As regards the laws of Bangladesh non-compliance is the main problem. These legal provisions should be monitored properly and enforced strictly, so that no one can take advantage of the weak regulatory mechanism of biosafety in Bangladesh.

The writers are law students, University of Dhaka.