Civil Society Perspectives on Civil Society Perspectives on Biosafety Regulations in the Biosafety Regulations in the PhilippinesPhilippines

Lee M. ArueloThird World Network (TWN);

Network Opposed to Genetically Modified Organisms (NO2GMOs); and

Go Organic Mindanao (GOM)

There has been an influx of different varieties of GM crops in the Philippines for propagation and for food, feed and processing, not to mention those that are already pending for approval. What is problematic is that there is not much to speak of in terms of regulatory mechanisms in the country that can assess risks to health and environment for the farm and large-scale planting of genetically engineered crops at present.

Statement of the Problem:

Population: +/- 100 Million

Total Land Area: 30 million has

47% or about 13 million ha devoted to agriculture

Philippines

Biodiversity QualityMap

GMO Status: Facts

The first GMO to be approved for commercial release in the Phil in December 2002 was the pest resistant Bacillus thuringiensis (Bt) corn and is now cultivated all over the country.

The Phils. is the FIRST country in Asia to commercialize a GM crop for food, feed or processing.

GMO Status: Facts

There are 58 GMO applications approved by the Bureau of Plant Industry since December 2002.

There are 53 GMO applications approved for Food, Feed and for Processing.

There are 5 GMO applications approved for Commercial Propagation.

GMO Status: Facts

There are four types of corn varieties cleared for commercial propagation

• RR Corn – herbicide tolerant corn by Swiss Syngenta AG (Corn GA 21)

• Bt corn – resistant to Asian Corn Borer by U.S. Monsanto Co. (Corn Mon 810)

• RR corn – herbicide tolerant corn by U.S. Monsanto Co. (Corn NK 603)

• Bt corn – variety by Swiss Syngenta AG (Corn Bt 11)

• Stack-Trait (Bt-RR) Corn by U.S. Monsanto Co. (Stacked Corn Mon 810 x NK 603)

GMO Status: Facts

The plant varieties approved for direct use as food, feed and for processing are..

Soybean Canola Potato Cotton Sugar-beet Alfalfa Corn

Local Research and DevelopmentLocal Research and Development

Insect-resistance (Bt eggplant)

Nutrient enriched (Golden rice) Disease-resistance (PRSV papaya)

Delayed ripening (GM Papaya; GM Banana; GM Mango)

Virus-resistance (Virus Resistant Sweet Potato) (Multiple Virus Resistant Tomato) (Virus Resistant Abaca)

Philippine Regulatory System for Biotech Products

Philippine Regulatory System for Biotech Products

1. Philippine Constitution

2. National Policy Statement on Modern Biotechnology

3. Department of Agriculture (DA) Administrative Order No. 8, s2002

4. Executive Order No. 514, The National Biosafety Framework

Constitutional PolicesConstitutional Polices

Right to Health (Art. II, Sec. 15); Right to a Healthy Environment (Art. II, Sec. 16); Priority to Science (Art. II, Sec. 17); Role of the Private Sector (Art. II, Sec. 20); Rural Development (Art. II, Sec 21; Art. XIII, Sec. 5); Right to Information (Art. II, Sec. 28); Local Autonomy (Art. X, Sec. 2); Right to Participation (Art. XIII, Sec. 16) ; Science and Technology (Art. XIV, Sec. 10 and 12); Consumer Protection (Art. XVI, Sec. 9)

Pres. Gloria Macapagal-Arroyo Administration’s Policy on Biotechnology

“We shall promote the safe and responsible use of modern biotechnology and its products as one of several means to achieve and sustain food security,

equitable access to health services, sustainable and safe environment, and

industry development”

Philippine Regulatory System for Biotech Products

Department of Agriculture Administrative Order No. 8, Series of 2002

Importation and Release into the Environment of Plants and Plant Products Derived from

the Use of Modern biotechnology

Department of Agriculture Administrative Order No. 8, Series of 2002

Sets into place a process by which the DA will conduct a formal determination of the safety of plant and plant products derived from the use of modern biotechnology.

Under DA-AO 8, all biotech plant and plant products for release into the environment for field testing and propagation, or for importation for direct use for food, feed, or for processing shall undergo required safety tests.

Philippine Regulatory System for Biotech Products

Executive Order 514 of 2006 or the National Biosafety Framework (“NBF”)

The Office of the President issued on 17 March 2006 Executive Order No. 514 “Establishing the National Biosafety Framework, Prescribing Guidelines for Its Implementation, Strengthening the National Committee on Biosafety of the Philippines, and for Other Purposes”

Executive Order 514 of 2006 or the National Biosafety Framework (“NBF”)

The lead body to coordinate and harmonize inter-agency and multi-sector efforts to develop biosafety policies in the country is the National Committee on Biosafety of the Philippines.

The NBF applies to the development, adoption, and implementation of all biosafety policies, measures, and guidelines and in making biosafety decisions concerning the research, development, handling and use, transboundary movement, release into the environment, and management of regulated articles.

Problems/Issues with the Current GMO Regulations

Problems/Issues with the Current GMO Regulations

Lack of Labeling Mechanisms Insufficient Venue for Public Consultation Lack of Liability and Redress Substantial Equivalence Lack of Environmental Impact Assessments Safety Testing vs. Risk Assessment

Lack of Labeling Mechanisms

the current labeling regulation of BFAD only mandates a generic labeling of all ingredients, having no reference to the process by which the product is produced.

at present, there is no GM labeling regulation in the Philippines

Insufficient Venue for Public Consultation

The different provisions on “public consultation” under DAO No. 8 require only publication of the Public Information Public Information Sheet which must contain the invitation Sheet which must contain the invitation to send written comments.to send written comments.

Insufficient Venue for Public Consultation

Public consultation is fulfilled through the posting of a Public Information Sheet instead of full-blown actual consultations with hearings and the opportunity to present resource persons and other supporting evidence

Lack of Liability and Redress Regime

Current regulations do not make anybody including the TNCs that sell genetically modified seeds responsible and accountable for any damage to human health and environment that may occur

Substantial Equivalence

Establishment of substantial equivalence is not a safety assessment per se but that establishing establishing

the characteristics and composition of novel the characteristics and composition of novel food as equivalent to those of a familiar, food as equivalent to those of a familiar, conventional food with a history of safe conventional food with a history of safe

consumption consumption means that the new product will be the new product will be no less safe under similar consumption patterns no less safe under similar consumption patterns

and processing practices.and processing practices.

Substantial Equivalence

A GM food that is substantially A GM food that is substantially equivalent to an existing food should equivalent to an existing food should

not be subject to additional not be subject to additional regulatory requirementsregulatory requirements

Lack of Environmental Impact Assessments

DENR DENR Refuses to apply EIA regulations on

GMOs Refuses to adopt regulations for

environmental assessment of GMOs

Safety Testing vs. Risk Assessment

Suggested Policy Development Tracks

Fill Gaps in Existing Regulations: BIOSAFETY LAW

New concern due to wider application of modern biotechnology in agriculture & other areas (i.e., GM Virus; GE Tree; GE Fish; GM Mosquito, etc.);

Development at the International Level on Biosafety – approval of the Supplementary Protocol on Liability and Redress; Approval of the Road Map for Risk Assessment in COP-MOP5

Advocacy Vehicle: NO2GMOs!

Network Opposed to Genetically Modified Organisms or NO2GMOs!

Anniversary Date: 4 December 1998 Nature: loose network and intends to continue

maintaining such Leadership: Coordinator of the network is only be

for 3 years (i.e., TWN: 2008-2010); "Troika Leadership" - where the current Coordinator (TWN) works with the past Coordinator (SIBAT) and future Coordinator (PAKISAMA): to ensure continuity of the network

Network Opposed to Genetically Modified Organisms or NO2GMOs!

Programs and Activities Regular monthly meeting of the network, once a month, i.e.,

every last Thursday of the month; special or emergency meeting as needed; rotating venue and sponsorship of the meeting (food and documentation)

Annual Year-End Evaluation and Planning Capacity building program (e.g., Staff Development) Education Information Campaign (e.g. Fora and symposia) Advocacy and lobbying activities (national & local) either as a

network (GM Labelling Bill) or bilateral collaboration of members (GMO Ban Ordinance; Organic Agriculture ordinance)

massive information dissemination

Network Opposed to Genetically Modified Organisms or NO2GMOs!

Financial Resources: Network’s activities are jointly funded by the member organizations; “seed-fund”

Communication: website; e-group; sms Major Campaigns:

Bt Corn (Mon 810): 2002 Bt Eggplant: on-going Golden Rice: to start…

Advocacy Strategy: Organic Agriculture followed by GMO Ban

Network Opposed to Genetically Modified Organisms or NO2GMOs! Member Organizations: Action Group on Erosion, Technology and

Action (ETC), Consumer Rights for Safe Food (CRSF), Earth Savers Movement (ESM), Environmental Broadcast Circle (EBC), Ecological Society of the Philippines (ESP), Foundation for Philippine Environment (FPE), Go Organic Alliance!, GRAIN, Greenpeace-Southeast Asia,, JPICC-AMRSP, Lingkod-Tao-Kalikasan (LTK), Magsasaka at Siyentipiko para sa Pag-unlad ng Agrikultura (MASIPAG), Miriam Public Education and Awareness Campaign for the Environment (Miriam-P.E.A.C.E), Mother Earth foundation (MEF), Pambansang Kilusan ng mga Samahang Magsaaka (PAKISAMA), Partido Kalikasan Institute (PKI), The Philippine Development Assistance Programme, Inc. (PDAP), Philippine Network of Food Security Programmes, Inc. (PNFSP), Sarilaya, Southeast Asia Regional Institute for Community Education (SEARICE), Sibol ng Agham at Teknolohiya (SIBAT), and Third World Network (TWN)

Thank you!