NZ Gene Technology Bill Breaches International Convention Directives On Public Right To Know On GMO
The process of writing The Gene Technology Bill and the regulatory system it sets up, contravenes the Aarhus directives in a number of ways.
The New Zealand government's Gene Technology Bill is in breach of the directives of the Aarhus Convention to consult the public, allow public participation and ensure access to justice.
On April 20, the Aarhus Convention's new GMO directives was passed. The protocol was ratified by 27 of the 35 parties and sets a precedence for international harmonisation on all parties and signatories to the Cartagena Protocol and Aarhus Conventions. [1]
Executive Secretary of the Convention on Biological Diversity (CBD), Astrid Schomaker, clarifies the directives on the procedures for consulting with the public when developing a national biosafety framework. This includes facilitating capacity building programmes with the participation of the public for further developing access to information, public participation and access to justice with respect to genetically engineered/ modified/gene edited (GMOs/GE) organisms. [2]
The process of writing The Gene Technology Bill and the regulatory system it sets up, contravenes the Aarhus directives in a number of ways.
There has been lack of public and stakeholder participation from the start, which continues to this day. The Bill makes broad exemptions of GE products from regulation and traceability which takes away the right to choose from farmers and consumers.
'The lack of consultation and democratic public participation in writing The Gene Technology Bill goes against everything the directives say is important,' said Claire Bleakley, president of GE Free NZ.
'In light of the international Convention's directives it is clear that the process around The Gene Technology Bill is seriously broken.'
The charity organisation Physicians and Scientists for Global Responsibility (PSGR) has written to the Ombudsman to investigate whether the Ministry of Business, Innovation and Employment (MBIE) officials and the responsible Minister, the Hon Judith Collins directly undermined public law conventions and processes to their benefit in advancing policies and laws in favour of the deregulation of gene editing technology. [3]
Also just released is a Parliamentary petition sponsored by Lisa Er calling for people to sign the petition to 'Halt the Bill and set up a Commission of Inquiry.' This is in direct response to the deliberate omission of the public, farmers and businesses in the drafting of the Bill. [4]
As a signatory to the Cartagena Protocol the Aarhus Convention guides New Zealand to abide by the directives and set up a Commission of Inquiry on the Gene Technology Bill. [5]
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An overwhelming majority of submissions rejected the Gene Technology Bill as it threatens exports, domestic economy, consumer choice and democracy. Of the 14947 submissions received by the Health Select Committee on the Gene Technology Bill 97% were opposed to its passing into law. By any measure, this Bill fails to meet basic Regulatory Standards due to its flawed and heavily biased industry input that has deliberately omitted an economic analysis on its costs and benefits as well as considering the real time impacts of the cruel failures of the GE field trials conducted in New Zealand over the past 30 years. Fears of exempted unregulated genetically engineered (GE) organisms harming the economy also prompted large organisations who supported some parts of the Gene Technology Bill to warn it needs major changes or will threaten exports. The Gene Technology Bill's GE exemptions not requiring regulation removing any liability for contamination and people's basic right to choose prompted Lisa Er's petition to 'Halt the Gene Technology Bill and set up a Commission of Inquiry.' Lisa Er, the original founder of Lisa's Hummus has always listened to the public demand for GE-free food and the right to avoid genetic engineered ingredients. Lisa says "The Gene Technology Bill failed to follow sound and fair processes and did not consult with the public and other stakeholders. "The range of gene editing techniques that would be excluded from regulation would mean GE products entering the environment and food supply untested, unregistered and unlabelled. "There was inadequate consideration of Te Tiriti obligations, and insufficient requirements to protect people and the environment from the risks of GE contamination." Stopping to hold an inquiry will allow major flaws in The Gene Technology Bill to be considered and addressed, including: Ignoring the Protective Precautionary Principle: risking ecosystems and rural jobs. Excluding Treaty of Waitangi Principles: disregarding Māori rights and perspectives. Denying Consumer choice: by excluding many GE organisms from regulation and labelling. Shifting Liability: without requiring GE users to manage risks. Clean up of Genetic drift and contamination is at the cost of the contaminated party. No Supply Chain Segregation: removing the ability to preserve the integrity of GE-free crops and exports. No Ethical Standards: excluding animal welfare and ethical concerns from consideration. Ignoring Economic Risks: losing the added value of New Zealand's non-GMO exports. Ignoring Reputation Risks: deregulating away New Zealand's competitive advantage and global reputation for clean, safe, GMO-free food. Removing local councils' ability to enforce GE-free regions, precaution or local protections under the RMA. There will be a formal handover of Lisa's petition on the steps of Parliament on the 15 July. There will be a gathering at 12 -1pm. [1]
