Petition to your Excellency President Mwai Kibaki not to assent the Bio-safety Bill 2008 but involve Farmers, Consumers and other Stakeholder Communities in Making One in a Participatory Process.
Your Excellency, once again, we are appealing to your respected office to intervene in what has been largely an unjust process in the enactment of the Bio-safety Bill 2008. This Bill is currently before you for your assent. We urge you very strongly not to assent to this piece of legislation because of a number of critical issues mentioned below.We Kenyan farmers and consumers of these Biotechnologies will be behind you in full support.
The Kenya Biodiversity Coalition (KBioC) is a consortium of more than 60 Farmer organizations, Animal welfare networks, Consumer networks; Faith based organizations; and Community based groups who have an interest and work in the areas of Agriculture. Biodiversity, Environment, and Health.
For a very long time now, we have fought to be included in the legislative process on the Bio-safety Bill in Kenya. This was deemed critical by our members in order to render transparency and justice to this needy and worthy cause of drafting a Bio-safety Bill for Kenya and thus meeting the mandatory Cartagena Protocol requirements to which this country is a signatory.
Why your urgent intervention?
Thus, your Excellency, before you assent to the Bio-safety Bill, 2008, it is imperative that the following pertinent issues be considered through a stakeholder's round table:
1. THE DRAFTING PROCESS LACKED PUBLIC PARTICIPATION
When the Bio-safety Bill 2007 lapsed with the 9th parliament, an opportunity to correct the failures in that Bill arose. This opportunity, your Excellency was unwisely squandered. The relevant government agents entrusted with ensuring an all inclusive dialogue process seemed to go out of their way to avoid any round table talks to address the shortcomings pointed out to you in the Bio-safety Bill 2007 (Petition letter to His Excellency through Muthaura, dated 16th October, 2007).
Our official requests through numerous letters (See attached) to meet with Minister of Science & Technology and the Minister of Agriculture, did not bear any results and their doors remained shut to the very end. Similarly, our cries to be heard by the relevant parliamentary committees were largely ignored. The Bio-safety Bill 2008 has gone through all parliamentary stages and now sits before you for your assent.
This Bill has not taken any of our views and petitions in spite of the sponsor of this Bill committing by stating, "we will incorporate everything. I give my undertaking to do all that at the Committee Stage" (Hansard, 2nd December 2008).
Your Excellency, having exhausted all channels of communication, we the members of the Kenya Biodiversity Coalition hereby appeal to your Excellency, as our last hope. We urge you very strongly not to assent to this flawed piece of legislation.
An alternate Bio-safety and Biotechnology Bill is currently before this 10th parliament. We the stakeholders in this legislative process consider that this alternate Bill would be a good basis for dialogue between Kenyans and the current sponsors of the Bio-safety Bill 2008.
2. CONFORMITY OF THE BIOSAFETY BILL, 2008 WITH THE CARTAGENA PROTOCOL ON BIOSAFETY
The Cartagena protocol has a mandatory requirement for public consultation and prior informed consent (PIC). The current Bio-safety Bill, 2008 that is before your Excellency awaiting assent, grossly violated these very important concepts and thus is inconsistent with this fundamental Protocol to which Kenya is a signatory.
3. SPECIFIC PROVISIONS OF THE BIOSAFETY BILL, 2008
As enacted, the Bio-safety Bill 2008 shall apply only to the narrow scope of activities in GMOs and not all activities related to modern biotechnology, which are equally of Bio-safety concern. The Bill ought to have been amended to reflect the broader context.
If this is not done, then, there will be serious jurisdictional conflicts with other institutions with similar mandates that may affect enforceability of the law as envisaged. Additionally, loopholes have been intentionally left in this Bill.
Living organisms used in the generation of GMOs and their by-products are not covered, yet they are of more serious Bio-safety concern to health of other living organisms and their environment.
4. CONFLICT OF LAWS AND INSTITUTIONAL MANDATES
Your Excellency, in its current form the Bio-safety Bill 2008, will face serious difficulties and challenges in its implementation. It is in conflict with the Environmental Management and Coordination Act, 1999. The same can be said in respect of the Science and Technology Act Cap 250, and other laws.
Your Excellency, the Bill further gives a blanket exemption on the application of the law on pharmaceuticals for human use setting a dangerous precedent.
5. NATIONAL BIOSAFETY AUTHORITY (NBA)
There are serious and intentional flaws that have been introduce into the Bio-safety Bill 2008. The chairperson of the NBA unlike elsewhere before, will be appointed not by the president but by the Minister. The President has been effectively relieved of this function of appointing parastatal chairpersons.
6. ISSUANCE OF LICENCES / PERMIT:
In the current form, the Bio-safety Bill 2008 will authorize activities of GMOs through simple letters of approval instead of licenses and legal permits. It will be the first of its kind to have mandate to regulate Bio-safety activities with no mandate to issue a license or permit. This provision cannot be regularized through subsidiary legislation.
7. APPLICATION FOR CONTAINED USE ACTIVITY:
The Bio-safety Bill, 2008 provides for application for contained use activity in very general terms and thus fails to protect and safeguard farmers, consumers and their environment. The threat of contamination is most troubling with the expansion of GMO crops and animals to produce powerful drugs and under researched vaccines. These new GMOs may very well cross with other natural living organisms grown for food and result in dangerous chemicals entering the food supply chain. This has a negative impact on farmer and consumer livelihoods as well as affects whatever exists of our export markets not to mention our hotel and tourism industry.
8. GMOs, NATIONAL FOOD SECURITY AND OUR ENVIRONMENT:
There is no doubt that GMOs can enhance food security. The Bill appears to promote this view. It is also true that GMOs can have serious negative impact on national food security. This arises through contamination of indigenous food crops resulting in the loss of that important gene pool. The Bill does not protect farmers, consumers and other persons vulnerable to being affected by GMOs. Thus, it lacks prohibition notices to persons whose GMO activities involve risk of causing damage to human health and well-being and the environment.
Your Excellency, intentionally lacking in the Bio-safety Bill 2008 are clauses on corporate liability and the Power to remedy harm by the Authorities - be they -the law courts or the National Bio-safety Authority. The Bio-safety Bill, 2008 is deficient in many aspects that must be rectified to make it enforceable in dealing with the mischief for which it is intended.
Based on the above reasons and through this petition, we wish to request you TO HALT THE FAULTY BIO-SAFETY BILL AT ITS CURRENT STAGE. Additionally, PLEASE ASK ITS SPONSORS TO INVOLVE STAKEHOLDERS PREVIOUSLY EXCLUDED. FOR A TRANSPARENT. INCLUSIVE AND A PARTICIPATORY PROCESS IN ORDER TO ENACT A LAW THAT WILL GENUINELY ADDRESS BIO-SAFETY ISSUES IN KENYA.
Indeed your Excellency, the Government through your action still has an opportunity to put in place a comprehensive Bio-safety Bill that harmonizes the existing laws on regulation of modern biotechnology and related GMOs.
Please refer, in a letter to Amb. Francis Muthaura, a detailed analysis of the implications of the Bill, by a respected legal expert credited with drafting of the E MCA Act 1999, Water Act 2002 Forest Act 2005 and Wildlife Conservation and Management Bil 2007, sent to you separately in a package through statehouse.
Signed :
kBioC MEMBER ORGANIZATIONS
- African Biodiversity Network (ABN)
- Alliances for Voluntary Initiative and Development
- Building Eastern Africa Community Network (BEACON)
- Action Aid International - Kenya (AAI-K)
- Africa Network for Animal Welfare (ANA W)
- Anglican Church of Kenya-Development Office for Social Services
- Baraka Agricultural Training Centre
- Bridge Africa
- Busia Environmental Management Program
- Butere Focused Women in Development
- Central Organic Farmers and Consumers Organization (COFCO)
- Consumer Information Network (CIN)
- Community Rehabilitation & Environmental Protection Programme CREPP
- Daughters of Mumbi
- Development education services for community empowerment
- Institute for Economic and Social Development (INADES Formation)
- Gakaru Farmers Self Help Group (GESHP)
- Indigenous knowledge writers Association (IKWA)
- Institute for Culture and Ecology (ICE)
- Kenya Food Security Policy Advocacy Network (KEFoSPANl
- Kenya National Federation of Agricultural Producers (KENFAP)
- Kenya Organic Agricultural Network (KOAN)
- Kenya wildlife Conservation and Management Network
- Kenya Organic Farmers Association (KOFA)
- Kenya Small Scale Farmers Forum (KESSFF),
- Kubukubu Agro. Organic Products
- Manor House Agricultural Centre
- Mau Forest Conservation Association (MACOFA)
- Meru Central Herbal and Naturopathic Doctors Association (MECHANDA)
- Nairobi Friends Club International (NFCI)
- NARC-K - Congress
- National Alliance of Community Forest Association
- Networking for Eco-farming in Africa (NECOFA)
- OXFAM
- Participatory Ecological Land Use Management Association (PELUM-Kenya)
- Porini Association
- Resource Oriented Development Initiative (RODI-KENYA)
- Sustainable Livelihood Initiative Development & EmpowermentjSLIDE- Kenya)
- Sustainable Mobilization of Agricultural Resource Technologies (SMART Initiatives)
- Squatters Social Movement and Peasant Farmers (SSMPF)
- Sustainable Agricultural Community Development Program (SACDEP-KENYA)
- Tusaidiane Rehabilitation Centre
- Ugunja Community Resource Center
- Youth for Conservation JYFCJ
- Akamba Council of Elders
- ACCORD
- Dagoreti Youth Network (DAYNET)
- Africa Nature Streams
- NGOMA Campaign (Ngombe & Mahindi)
- JESUIT HAKIMANI (Catholic - Justice & Faith)
- Practical Action
- BIDII
- Mazingira Development Project
- NG'EISOEN SHG
- NAAIP
- NEHCIP
- ACK Western Region
- ACK Eldoret Region CCS
- KESSES Farmers Marketing Federation
- National independent church
- Elreco
- SARI - molo
- Subukia CBHC
P.O Box 3731-0506
NAIROBI
Tel: 020-606510
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