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dressed by harmonizing guidelines, legislation and best practices for regulating the safe use of biotechnology in agriculture. It must be considered in the context of pooling limited resources and using the available technical expertise in biosafety (Persley, 2003). The draft report of the High-Level African Panel on Modern Biotechnology of the African Union (AU) and the New Partnership for Africa’s Development (NEPAD) suggests a regional approach based on practical experience and shared expertise.

The SADC guidelines for GMOs have countries committing themselves to a harmonized approach in handling and moving GM food aid across boundaries (Balile, 2003). Countries with no national biosafety laws have been encouraged to use the African Model Law (AML) (Ekpere, 2002). Critics of the law state that it cannot be implemented in its present form as it would complicate countries’ attempts to comply with the provisions of the Cartagena Protocol on Biosafety (CPB) (Africabio, 2001). Specifically it was argued the AML is retrogressive in that it broadens the scope of products under review. Products that SSA states currently consider safe will need to be reevaluated. Implementing the law would not be compliant with stipulated timeframes for decision making under the CPB, nor would it be compliant with labeling requirements stipulated under CODEX, or with science-based decision making under WTO. With the GMO debate ongoing, public awareness education and participation remain paramount (Leshner, 2007) and will need to be pursued in a fully participatory manner.

In order for the agricultural sector to modernize, policies favorable to the adoption of new farming techniques and technologies for increased efficiency and productivity must be in place. The adoption of biotechnology, for example, would have to be accompanied by safety and enforcement measures. National biosafety regulatory structures should guide countries on all aspects of biosafety concerning GMOs—their import, export, development, production, use, application and release into the environment. Country strategies need to allow for the implementation of international and national agreements and legislation. A major challenge to the implementation of new legislation is the lack of capacity in terms of equipment, skilled human resources, and funding as well as limited public awareness. Functional infrastructure to support the safe development and use of modern biotechnology is on the verge of rapid expansion. As far as Africa is concerned, capacity must be built urgently to be able to assess and manage risk, and to detect GMOs and their products.

3.4.4.1 Regional biotechnology and biosafety initiatives

Several regional initiatives have the objective of safely applying science and technology including biotechnology and biosafety. Kenya, Tanzania and Uganda are currently using interim biosafety systems to regulate research on GMOs. In Kenya, the National Council for Science and Technology is the government agency responsible for overseeing the implementation of the biosafety regulatory systems. In Uganda it is the National Council for Science and Technology. In Tanzania, the Agricultural Biosafety Scientific Advisory Committee is a competent authority of the Ministry of Agriculture, Food Security and Cooperatives (Abdallah et al. 2005; Jaffe, 2006). Efforts are under way in each of the

 

East African countries to develop national biosafety frameworks through UNEP-GEF projects.

The Grupo Inter-Institucional Sobre Bio-Seguranca was formed in August 2002 to coordinate all biosafety activities in Mozambique, while the Instituto Nacional de Investigaçao Agraria (National Institute of Agronomic Research), now known as the Instituto de Investigaçao Agraria de Mozambique (Mozambican National Research Institute for Agriculture), was appointed as the implementing agency. A decree for the transboundary movement of GMOs has been proposed. Mozambique is now looking at the technical issues surrounding GMO testing.

Angola has a decree on transboundary movement and importation of GMOs in the country. The government does not wish to engage in GM research until a legal process is in place. The country has signed the CPB but has yet to ratify it. São Tome and Principe has convened a meeting to begin drafting a national strategy on biosafety. Plans are under way to sign and ratify the protocol, although the country is concerned about its limited human resource capacity to carry it out. Cape Verde is yet to ratify the CPB; Guinea Bissau ratified on 1 March 2005.

Malawi signed the CPB in 2000, but has yet to ratify it. Malawi adopted the Malawi Biosafety Act in 2002, predominantly in response to the GM food aid debate. The government’s position to date has been that GM food aid can be accepted in milled form. The act is administered by the National Research Council of Malawi, soon to become a commission. Draft generic biosafety guidelines have been developed to guide the implementation of biosafety activities. A GMO Regulatory Committee has been established, which advises the council on issues related to biotechnology, genetic engineering and human gene therapy. A national policy on biotechnology and biosafety has been developed, stakeholder consultations have been held and the policy underwent the final rounds of review for submission to the cabinet in March 2007.

The South Africa National Biotechnology Strategy was launched in 2001 in recognition of the fact that few products were reaching the marketplace. The underlying principles highlighted in this document were economic growth, taking advantage of South Africa’s comparative advantage, using the existing capacity and reviewing national priorities in light of global trends. Common technology platforms, collectively known as Biotechnology Regional Innovation Centers (BRICS) have been formed, and so has the National Bioinformatics Facility (Crouch et al., 2003).


3.4.4.2 Regulatory and legislative framework
The GMO act (Act 15), which was put into action in 1999 (enacted in 1997) in South Africa, is administered through the Ministry of Agriculture. An Executive Council, with representatives from the Department of Arts, Culture, Science and Technology, Trade and Industry, Labour, Water Affairs and Forestry processes and takes the final decision on GMO applications. The Advisory Committee is a body made up of scientists who advise the Executive Council, the Registrar and the general public on GMOs. The Registrar and the Inspectorate oversee the review of applications, field trials and inspection of laboratory facilities, and they advise on biosafety and issue permits. During the 1990s South Africa