Panel Discussion on Liability and Redress Regime for GM Crops: A Developing Country Perspective

May 14, 2008, 18:15-19:45, Salon Haber, Hotel Maritim, Bonn

This discussion, chaired by Dr. Suman Sahai of Gene Campaign and attended by a number of civil society representatives from India and other Asian countries focused on the probable elements of a liability and redress regime required in the context of developing countries. The following are the consensus recommendations proposed by Gene Campaign, Anthra (India), Centre for Interdisciplinary Studies (India) and TWN, Malaysia:

(1)   Liability for damage arising from Genetically Engineered Organisms (GEOs) to be imposed on the basis of possible effects of introduction of GE products for which strict scientific proof is not yet available (“precautionary principle”).

(2)   The term “Damage” to be given the widest possible interpretation to include environmental damage, risks to human and animal health as well as socio- economic damage including loss of income, damage to food security and livelihood, to culture and livelihoods of indigenous and local communities etc.

(3)   The liability for damage caused as a result of introduction of GEOs is to be channeled to the ‘polluter’ which includes the industries and activities responsible as well as the state and its regulatory agencies, under whose jurisdiction or control the activities involving GEOs take place.

(4)   In recognition of the intrinsically hazardous nature of GEOs, Gene Campaign, Anthra, CIS and TWN support the adoption of a strict liability regime for damage from GEOs, where liability could be imposed, without the necessity to prove fault or negligience on the part of the defendant, with few exceptions such as Act of God, war etc. We recommend adoption of absolute liability for damage in centers of origin and genetic diversity of crops, where no exceptions could be pleaded. Gene flow and contamination in these centres of origin and genetic diversity could lead to irrepressible loss of traditional plant varieties and agricultural diversity, having grave consequences for food security.

(5)   In the case of damage caused by LMOs, the time limit should take into consideration the fact that damage in biology may only appear after several generations. As such, an absolute time limit of 50 years (a period during which effects on two generations could be manifest) should be considered.

(6)   A Non- Governmental Organisation (NGO) acting in the general interest (actio popularis) serves a fundamental civil purpose, fulfilling capacities for which the government is incapable. NGO are the vessels through which the affected parties’ concerns are communicated and as such, should have the right to bring a claim for damages on behalf of those directly or indirectly affected.

To view the webcast of the discussion, please click here

To view the presentation please click on the following link:

Liability and Redress for GM Crops - Gene Campaign

Screening of the documentary film "Adoption of Bt Cotton in Vidarbha"

May 15, 2008, 18:15-19:45, Saal Schumann, Hotel Maritim, Bonn

This Gene Campaign film depicts the process of adoption of Bt Cotton in the Vidarbha region of Maharashtra (India) and looks into the major players responsible. It has also tried to capture the socio- economic consequences as well as impact on health and environment, as observed in the field.