International Negotiations on Liability and Redress
Overview of presentation
Overview of process Process in the future What do we want? Why do we want this at international level? Issues on the negotiating table Way forward for us?
Overview of Process Article 27 of Biosafety Protocol establishes
mandate for current negotiations A Working Group was established by COP/
MOP1 in 2004 mandate to:-review information relating to liability and redress
for damage resulting from TBM of GMOs;Analyse general issues relating to potential and/or
actual damage and scenarios of concern; Elaborate options for elements of rules procedures
on liability and redress
Where is the process? 4 WG meetings have
already taken place 4th meeting in Montreal in
October 2007, which focussed on elaboration of options for rules and procedures referred;
Working document of 53 pages in Annex II of report of meeting
Process in the future Next WG meeting in Bogotá, Colombia 12-
19 March 2008-final WG meeting Report to the COP/MOP 4 in May 2008
Bonn Deadline expires when need to adopt
international rules and procedures
What is important to us?
What do we want?
System/scheme for victims to get compensation
System to achieve redress Ensure that risks to human health,
environment and socio economic harm is covered
Promote prevention of damage
Why?-because of problems with national laws These are poorly
enforced, are not just, create difficulties for victims to overcome legal hurdles such as causation; the foresee ability test, multiple sources of damage and are too restrictive/inadequate
Access to justice
Issues on the negotiating table (1) International rules and procedures that
are binding vs. guidelines Scope: damage from TBM or damage
from transport, handling, use, transit Definition of damage damage from TBM
or damage from adverse impacts of GMOs on conservation, sustainable use of biodiv, taking also into account the risks to human health (BSP objective)
Issues on negotiating table (2)
Scope of damage:
Effects on environ, human health, socio economic damage, costs of prevention, restoration measures=this does not imply liability, only what can be claimed
More issues….
Strict liability vs. fault based liability Exemptions to liability Compulsory insurance Limitations on liability Joint and several liability
Way forward for us?
What can we do for Colombia meeting?
Research from Latin America on the linkages of glyophosate as inextricable part of GMO-in international law context
Scandalise the Glyphosate contamination Research from Latin America on socio-
economic impacts of GMOs in the context of liability and redress and why we need a strong regime?
Further planning for COP MOP Strategise how we
wish to use the existing infrastructure for COP MOP Bonn preparations to push our agendas
An international regime will take another 2-3years or more to be concluded… in the meanwhile, we have to continue or local, national, and regional struggles.
