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REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY


ON THE NATIONAL BIOTECHNOLOGY AND BIOSAFETY BILL,
2012

----~~.

Date: June 2017


J? rliament of Uganda
....

REPORT OF TIH:: COMMITTT ON SCIENCE: AND TF(J~NOL.OGYON THE NATIONAL.. BIOTECHNOL.OGY AND
BIOSAFETY BILL, 2012

ACRONYMS

1. ANVISA: Brazilian Health Surveillance Agency


2. BWC: Biological Weapon and Toxic Convent2017ion
3. CA: Competent Authority
4. CBD: Convention on Biological Diversity
5. CIBio: Internal Biosafety Committee
6. CNBS: National Biosafety Council
7. CPB: Cartagena Protocol on Biosafety ~
8. CTNBio: National Biosafety Technical Commission
9. CTNBio: National Biosafety Technical Commission
10. DNA: Deoxyribonucleic Acid
11. DSIP: Agric~lture Dev~lopn:ent Sector Investment Plan~ ...~
12. GE: Genetically Engineering _......-~-t
13. GMO: Genetically Modified Organisms /
14. GP: Genetic Products
15. IBC: Institutional Biosafety Committee
16. ICESCR: International Covenant on Economic, Social and Cultural
17. IHR: International Health Regulations
18. LMO: Living Modified Organisms
19. MoSTI: Ministry of Science, Technology and Innovation
20. NARO: National Agricultural Research Organisation
21. NDA: National Drug Authority
22. NFP: National Focal Point
23. NBC: National Biosafety Committee
24. SIB: Biosafety Information System
25. TRIPS: The Agreement on Trade-Related Aspects of Intellectual Property Rights
26. UNCST: Uganda National Council for Science and Technolo

cM- _-----.;s:r~'"=~,:2~

Page!
REPORT OF Tl-iE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 2012

1.0. INTRODUCTION MEMBER


1.1 Mandate of the Committee Han. Kafeero Ssekitaleka
The National Biotechnology and Biosafety Bill, 2012; Han. Bwina Kyakulaga
(hereafter referred to as the Bili; was read the First Time Han. Abacanan Angiro G
on 5 th February 2013, in the 9 th Parliament. The Bill was Han. Amule Doreen
referred to the Committee on Science and Technology,
Han. Anywarach Joshua
but it was unable to receive a Second and Third Reading
during that Parliament. At the dissolution of the 9 th
Parliament, the Bill was among the Business that was Han. Atuhaire Jacklet

saved by the Rt. Hon. Speaker. Han. Awar Betty Engala


Han. Babirye Kabanda
On 15 th
July 2016, the Bill was among the Business Han. Biyika Lawrence
that was reinstated by the 10th Parliament in Han. Burunda Alex
accordance with Rule 221 (2) and (3) of the Rules of Han. Elatu Casmt.t;
Procedure of Parliament. It was subsequently referred Han. Gafabusa Richard -d-----tl_~
to the Committee on Science and Technology on 15th Han. Kahunde Hellen
November 2016. Han. Kamusiime
Innocent
1.2. Background to the Bill Han. Katusabe Atkins
The Bill was intended to Provide a regulatory framework Han. Macho Geoffrey
that facilitates the safe Development and application of Han. Mafabi Ishma
modern biotechnology in Uganda by: Han. Mayaga Florence
a) Designating a National Focal Point, and a Competent Han. Mutebi D Ronnie
Authority;
Han. Mutanyi Rose
b) Establishing a National Biosafety Committee and In-
Han. Mwine Mpaka
stitutional Biosafety Committees; and
c) Providing mechanisms to regulate research, development Han. Nakate Lillian

and general release of genetically modified organisms. Han. Namujju Cissy D


Han. Ngabirana Charles
It should be remembered that Uganda doesn't have a specific Han. Nyakecha Annet
law regulating the development and use of modern Han. Obua D. Hamson
biotechnology. It should also be remembered that Uganda Han. Oguzu Lee Denis
ratified: Han. Sabiiti Denis
1. the Convention on Biological Diversity (CBD) on Han. Sematimba Peter
8 th September 1993;
Han. Ssemmuli Anthony
11. the Cartagena Protocol on Biosafety on 24 th
Han. Timuziga Micheal
November 2001; and
m. the Nagoya Protocol on Access to Genetic Han. Waira Majegere

Resources and Benefit Sharing (ABS) on 25th June Han. Waluswaka James
2014.

Uganda is also a Party to the Nagoya-Kuala Lumpur


Supplementary Protocol on Liability and Redress to the

Page 2
REPORT OF TI-iF il"1iTTFF ON SCiENCE AND TFCHNOL.OGY ON THE NAT!ONAL BIOTECHNOLOGY AND
BIOSAFETY siu, 2012

Cartagena Protocol on Biosafety; to which it acceded on MEMBER SIGNATURE..,.:


25 th June 2014. Han. KafeeroSsekitaleka .. I~ ,

Han. Bwina Kyakulaga ~ i\.:r:i" ..'


The objectives of the CBD are conservation of biological Hon. Ab acanan A' G -r-z""
w,,"
ng1ro1o. '" Wi__J. ,..
diversity, sustainable use of components of biological
Han. Amule DareenM ,-..,.. '"'1' '
diversity (ecosystems, species and genetic diversity); and
Han. Anywarach Joshua ,.., .
the fair and equitable sharing of benefits arising from
the utilization of genetic resources.
Han. Atuhaire Jacklet -I\~,~~"
.....'. v," - .. ,.", ..

The objective of the Cartagena Protocol is to ensure an Han. Awar Betty Engala
adequate level of protection In the field of the safe Han. Babirye Kabanda
KIIA..~
transfer, handling and use of living modified organisms Han. Biyika Lawrence .. ;:a-

(LMOs) resulting from modern biotechnology, that may


have adverse effects on the conservation and
Han. Burunda Alex
Han. Elatu CosmOs
1

~~
Cf1 ft\:"

..1..
~

'iI)
- ....... ~"-'

.
,

sustainable use of biological diversity; taking also into Han. Gafabusa Richard.....::::-:.:.:.:..:ifIj
...:.:.. ry-h "
account, risks to human health and specifically focusing
on trans-boundary movements.
Han. Kahunde Hellen
HIon. t Kamusiime
....
.
k. ...~:r:;-,
....
~ '. . .
~..,

nnacen 1--77 rr~

The objective of the Nagoya Protocol on Access and Han. Katusabe Atkins '--"!. , ,..
Benefit Sharing (ABS) is to ensure fair and equitable Han. Macho Geoffrey ....~ ......
sharing of benefits arising from the utilization of genetic Han. Mafabi Ishma
resources, including appropriate access to genetic Han. Mayaga Florence
resources and appropriate transfer of relevant
technology; taking into account all rights over those
Han. Mutebi DRonnie . . . n:.~ . .
Han. Mutanyi Rose
resources and to technologies, as well as appropriate
funding; thereby contributing to the conservation of Han. Mwine Mpaka ~....... ~, ..
Han. Nakate Lillian IPl{o~
.............,-... ..-......- ,.,.
biological diversity and the sustainable use of its
components. Han. Namujju Cissy D

.
Han. Ngabirana Charles
The objective of the Nagoya-Kuala Lumpur Han. Nyakecha Annet .. n-.
Supplementary Protocol on Liability and Redress to the ~
Han. Obua D, Hamson ....I l1l".JIl" .._ .. ,..
Cartagena Protocol on Biosafety is to contribute to the Han. Oguzu Lee Denis 1"1 11:..~ ,
conservation and sustainable use of biological diversity, biiti D
Hon. Sa" I ems . AlGfAL
/ U. l .. 'i~)
........
taking also into account risks to human health, by .
Han. Sematlmba Peter
--~1
..~.~ .....:-:-._...
providing international rules and procedures in the field ~-
Han. Ssemmuli Anthony ~~ ..,
of liability and redress relating to LMOs. ~ ...
Han, Timuziga Micheal ~'~~.~~~., ..

Uganda as a party to this Protocol is therefore mandated to take Han. Waira Majegere ...... ,..~ ......
....-11~~
necessary and appropriate legal, administrative and other Han. Waluswaka James -Ut ''T ..
~ --

I.~
measures to implement its obligations under the said Protocol,
without comprormsmg its Sovereignty, ill accordance with
International Law, the Sovereign Rights and jurisdiction which
the states have in their exclusive economic zones. -
I
-------- I
Page 3
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 20! 2

1.3. Methods used in scrutinizing the Bill MEMBER


The Committee used the following methods: Han. Kafeero Ssekitaleka ..
i. Direct interaction with Stakeholders In Han. Bwina Kyakulaga -P-~~:":":"
Meetings; both at Parliament and at Han. Abacanan Angiro G .~.~~~~
Stakeholders' work stations. (A list of Han. Amule Doreen
Stakeholders with whom the Committee
Han. Anywarach Joshua
interacted is attached herewith in Appendix A)
Han. Atuhaire Jacklet
11. Inter-parliamentary Committees' Meetings were
held with Chairpersons of the following Han. Awar Betty Engala

Committees: Han. Babirye Kabanda


>- Agriculture Animal Industry; Han. Biyika Lawrence
>- Gender, Labour and Social Development; Han. Burunda Alex
>- Health; Han. Elatu Cosmos
>- Budget Committee; Han. Gafabusa Richard - - -
>- Physical Infrastructure; and Han. Kahunde Hellen
>- Trade, Tourism and Industry Han. Kamusiime
111. Observation on research already done Innocent
IV. Attended workshops, sensitisation seminars; Han. Katusabe Atkins
conferences and benchmarking study tours on Han. Macho Geoffrey
biotechnology and biosafety related subjects, Han. Mafabi Ishma
within and outside Uganda. (Experiences drawn Han. Mayaga Florence
therefrom are included in the Report) The Han. Mutebi DRonnie
countries visited included South Africa, Kenya, Han. Mutanyi Rose
India, Argentina, Brazil, and United States of
Han. Mwine Mpaka
America
Han. Nakate Lillian
v. Inland Field visits to confined field trials,
Agricultural Research Institutions; and Science Han. Namujju Cissy 0

and Technology teaching Universities Han. Ngabirana Charles


VI. Literature review of modern biotechnology Han. Nyakecha Annet
V11. Round Table Discussion, which was attended by Han. Obua D. Hamson
the Rt. Hon. Prime Minister, Key Ministers and Han. Oguzu Lee Denis
Ministry Officials; scientists; activists and Han. Sabiiti Denis
farmers representatives Han. Sematimba Peter
Han. Ssemmuli Anthony
2.0. FINDINGS AND OBSERVATIONS
Han. Timuziga Micheal
2.1 The usefulness of modern Biotechnology
Han. Waira Majegere
The Committee learnt that 'biotechnology' IS broadly
Han. Waluswaka James
divided into four sectors namely;
i. Medical biotechnology
ii. Agricultural biotechnology;
iii. Industrial biotechnology; and
iv. Environmental biotechnology;

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REPORT OF T~lF COf'lIMITTFF: ON SCiENCE AND TFC}lNOL..OGY ON THE NATIONAL BIOTECHNOL..OGY AND
BIOSAFETY BILL, 20 i 2

The biotechnology industry is fast growing with over MEMBER


1200 biotech industries, institutions and colleges from Han. Kafeero Ssekitaleka
over 30 countries. It is embedded in various sectors Han. Bwina Kyakulaga
including, but not limited to the health, security, Han. Abacanon Angiro G
wildlife, veterinary, industrial, environmental and Han. Amule Doreen
agricultural sectors. The Committee observed however,
Han. Anywarnch Jashua
that the Bill didn't adequately deal with all sectors.
Han. Atuhaire Jacklet

It is on that basis that the Committee will at an Han. Awor Betty Engala

appropriate time, table a Motion to this House, seeking Han. Babirye Kabanda
Leave to introduce a Private Members Bill, which may Han. Biyika Lawrence
cater for the other sectors. Han. Burunda Alex
Han. Elotu Casmos
I. Medical biotechnology Han. Gafabusa Richard
By and large, medical biotechnology is still the largest of Han. Kahunde Hellen
the biotechnology sector, with over 250 biotech health Han. Kamusiime
care products; over 400 biotech drugs already in use all Innacent
over the world; and over 200 biotech drugs which are Han, Katusabe Atkins
still under clinical trials in USA alone, including Han. Macha Geaffrey
treatments for cancer, HIV / AIDS, Alzheimer's disease, Han. Mafabi Ishma
and numerous rare conditions. Han. Mayoga Florence
Han. Mutebi DRannie
GMO Derived Drugs in use, in Uganda, include Insulin Han. Mutonyi Rase
Crystals-used in the treatment of diabetes; Human
Han, Mwine Mpaka
growth hormone; Human blood clotting factors;
Han. Nakate Lillian
Transgenic farm animals and Artemisinin.
Han. Namujju Cissy D

Genetically Modified Organisms (GMO) medicines- The Han. Ngabirana Charles


Committee learnt that pharmaceutical biotechnology Han. Nyakecha Annet
uses animals and plants as factories to produce protein Han. Obua D. Hamsan
based medicines; which, in most cases a bacterium, Han. Oguzu Lee Denis
yeast or mammalian cell is modified to enable it to Han. Sabiiti Denis
produce a naturally occurring human protein by Han. Sematimba Peter
inserting the gene sequence of the protein in their DNA. Han. Ssemmuli Anthany
The resulting medicine will be chemically very similar or
Han. Timuziga Micheal
identical to that normally produced in humans. An
Han. Waira Majegere
example is insulin, a diabetic drug which was first
produced using genetically engineered bacteria in the Han. Waluswaka James

early 2000s. Previously it was obtained from slaughtered


cows and pigs, but this posed a challenge since some
patients were allergic to the animal produced insulin.

In other cases, protein based drugs are produced using


transgenic plants or animals. The gene responsible for

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REPORT OF Tt'1E COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 20! 2

expression of the desired protein in humans is inserted MEMBER


in the DNA of the animal or plant through invitro Han. Kafeero Ssekitaleka
fertilization. The fertilized egg is then placed inside the Han. Bwina Kyakulaga
womb of the animal. The animal/ plant born will be Han, Abacanan Angiro G ~~~~~
transgenic with a DNA sequence having the inserted Han. Amule Doreen ~
gene. The gene expression in the transgenic animal
Han. Anywarach Joshua
results in the production of the proteins which end up
Han. Atuhaire Jacklet
in the fluids of these transgenic animals such as milk
and blood. Live genetically modified organisms may also Han. Awar Betty Engala

be used in the case of vaccines. Han. Babirye Kabanda


Han. Biyika Lawrence
Pharmaceutical biotechnology therefore: Han. Burunda Alex
Han. Elatu CasrPd2f)
a) Helps in the development of new drugs to combat Han. Gafabusa Richard
emerging diseases which would not have been Han. Kahunde Hellen
possible through conventional drug development Han.
techniques; Innocent
b) Enables possibilities of developing personalized Han. Katusabe Atkins
treatments through pharmmacogenetics; Han. Macho Geoffrey
c) Strengthens research through use of transgenic Han. Mafabi Ishma
animals which enable human diseases to be Han. Mayaga Florence
adequately studied in animal models; and Han. Mutebi DRonnie
d) Boosts research in the development of drugs, Han. Mutanyi Rose
including, but not limited to HIV/ AIDS, malaria and
Han. Mwine Mpaka
cancer. Most of the vaccines being developed use
Han. Nakate Lillian
genetically modified organisms through DNA
recombinant technologies. These would not have Han. Namujju Cissy D

been possible without biotechnology. Han. Ngabirana Charles


Han. Nyakecha Annet
Concerns of GMO medicines Han. Obua D. Hamson
Han. Oguzu Lee Denis
Although clause 1 (2) of the Bill presupposes that there Han. Sabiiti Denis
is an amendment to the National Drug Authority and Han. Sematimba Peter
Policy Act, which is in the offing to cater for genetically Han. Ssemmuli Anthony
modified drugs, it is pertinent to note that Parliament
Han. Timuziga Micheal
doesn't legislate in anticipation. Nevertheless, with the
Han. Waira Majegere
assurance of Government that the law is in the pipeline,
in view of the Biotechnology and Biosafety Bill, it is Han. Waluswaka James

important to note that whereas GMO medicines present


numerous benefits, there are concerns that were
brought to the attention of the Committee as indicated
below.

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REPORT OF 'ntE COMMITTEE ON SCIENCE AND TEC]1NOL.OGY ON THE NATIONAL.. BIOTECHNOL.oGY AND
BIOSAFETY BILL, 2012

a. Reproducibility of molecules- GMO medicines differ MEMBER SIGNATURE


from conventional medicines in a number of ways. Han. Kafeero Ssekitaleka
They contain complex biological molecules unlike Han. Bwina Kyakulaga
the conventional molecules, which are simple Han. Abacanan Angiro G
chemical entities, whose quality can be ascertained.
Han. Amule Doreen
The inter-changeability or reproducibility of these
Han. Anywarach Joshua
molecules cannot therefore be perceived as obvious.
Han. Atuhaire Jacklet
Most GMO medicines (biosimilars) that are
innovator products. However, as some of these Han. Awar Betty Engala
GMO patents expire, new manufacturers producing Han. Babirye Kabanda
similar drugs are set to emerge. These are literally Han. Biyika Lawrence
generic versions of the original innovator biotech Han. Burunda Alex
brands. Being biologically produced molecules, this Han. Elatu Cosmos
poses a big challenge in ascertaining whether the Han. Gafabusa Richard
generic and the innovator are interchangeable in Han. Kahunde Hellen
every critical aspect. There IS therefore no Han. Kamusiime
guarantee that the impurities in the biosimilars will Innocent
be the same as those in the original brands, which, Han. Katusabe Atkins
can pose serious health consequences Han. Macha Geaffrey
Han. Mafabi Ishma
b. l-Iealth Security Risks -While the title seems to be all Han. Mayaga Florence
encompassing In the field of biotechnology to Han. Mutebi D Rannie
rnarket and regulate only one (1) application of Han. Mutanyi Rase
modern biotechnology, which is GMO, the content
Han. Mwine Mpaka
of the Bill has nothing to do with biosafety with
Han. Nakate Lillian
regard to health laboratory services.
Han. Namujju Cissy D

c. The Bill also provides for a very limited narrow Han. Ngabirana Charles
scope of protection on risks associated with clinical Han. Nyakecha Annet
settings. No risk assessment and managem.ent in Han. Obua D. Hamson
handling infectious biological materials was Han. Oguzu Lee Denis
provided for in the Bill. The only aspect of the Bill Han. Sabiiti Denis
that is relevant to the health sector is regulating Han. Sematimba Peter
research laboratories involved in vaccine technology Han. Ssemmuli Anthany
to comply with international obligations and ensure
Han. Timuziga Micheal
responsible use of that technology in Uganda, but
Han. Waira Majegere
not comprehensively to all aspects of health
biosafety. Han. Waluswaka James

d. It should further be noted that the Bill fully accords


Uganda National Council for Science and
Technology (UNCST) powers as the Competent
Authority with a mandate to approve the
development, testing and use of GMOs in Uganda.

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REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 2012

MEMBER SIGNATURE
The Comrnittee was inforrned that there is disparity Hon. Kafeero Ssekitoleko
between safety issues in clinical health laboratories Hon. Bwino Kyakulaga
and activities of UNCST related laboratories. This Hon. Abacanon Angiro G
therefore calls for establishing rneasures to cater for Hon. Amule Doreen ~
outbreaks and safety of laboratories, in case of
Hon. Anywarach Joshua
unintentional release of infectious materials in
Hon. Atuhaire Jacklet
environrnents. The Committee's attention was
Hon. Awor Betty Engola
drawn to Uganda's experience on dangerous
outbreaks, including five (5) Ebola outbreaks since Hon. Babirye Kabanda

2000, three (3) Marburg outbreaks and an outbreak Hon. Biyika Lawrence
of Crimean Congo Haemorrhagic fever; and terrorist Hon. Burundo Alex
attacks, which took place during the World Cup Hon. Elotu Cosmtrs
finals in July 2010. Hon. Gafabusa Richard
Hon. Kahunde Hellen
e. There was expressed faer of potential misuse Hon. Kamusiime Innocent
towards production of dangerous agents or
Hon. Katusabe Atkins
bioengineered agents and misuse of bio agents for
Hon. Macho Geoffrey
wrong purposes; and
Hon. Mafabi Ishma

f. The is likelihood that transfer of DNA material Hon. Mayoga Florence


j---------t--.L.f+---'--T--t-----::-
across bacterial cells may result in antibiotic drug Hon. Mutebi DRonnie
1---------1--~------:~-

resistance and several health risks of GMOSI Hon. Mutonyi Rose


Hon. Mwine Mpaka
Recommendations Hon. Nakate Lillian
1. The Committee recommends that the Ministru of
Hon. Namujju Cissy D
Health, the Ministry of Science Technoloqu and Hon. Ngabirano Charles
Innovation; and the Ministru of Agriculture, Animal
Hon. Nyakecho Annet
Industru and Fisheries should jointly prepare and
Hon. Obua D. Hamson
build capacity to be able to prevent, detect and
Hon. Oguzu Lee Denis
respond to epidemics and hazardous substances;
Hon. Sabiiti Denis

u. In response to the exponential increase in Hon. Sematimba Peter


international travel and trade; and emergence and re- Hon, Ssemmuli Anthony
emerqence of international disease threats, it is now Hon. Timuziga Micheal
time that the Government of Uganda should implement Hon. Waira Majegere
the International Health Regulations (2005) (IHR), Hon. Waluswaka James

IFood Allergy (Bakshi 2003); Antibiotic resistance (Bernstein et al, 2003); Reproductive and Endocrir
disorders (Timbrell, 2003); Hormone disruption (Alteri 1994); Birth defects and shorter life spans (Fo:
1996); Cancer (Seralin et al, 2011); Immortality of sperms (Harrison et al, 1996); Sluggishness of sperrr
(Taylor, 2003); Digestive problems (Steinbrecher, 1996 & Hollingworth, 2002); Obesity (M Antoniou et a]
2010); Sterility (Mellon, 2003); Nutritional deficiencies (A Cockburn, 2002)

Page 8
REPORT OF THE COtvlM!TTF:F: ON SCiENCE AND TFCIJNOL.OGY ON THE NATIONAL. BIOTECHNOL.OGY AND
BIOSA.FETY BILL.. 20! 2

which binding instrument Uqanda entered into with


other 195 countries on 15th June 2007. This may help MEMBER
to prevent, protect against, control and provide a Han. Kafeero Ssekitaleka
public health response to the international spread of Han. Bwina Kyakulaga
disease in ways that are commensurate with; and Han. Abacanan Angiro G ~~~~_ ...
restricted to public health risks, and which avoid Han. Amule Dareen
unnecessary interference with international traffic
Han. Anywarach Joshua
and trade.
Han. Atuhaire Jacklet

iii. In the wake of modem biotechnology, the Government Han. Awar Betty Engala

of Uganda should build capacity to be able to prevent, Han. Babirye Kabanda


detect and respond to epidemic outbreaks and Han. Biyika Lawrence
hazardous substances. Han. Burunda Alex
Han. Elatu Casmds
iv. All Government Departments should make Han. Gafabusa Richard .-...........,..,..,.,..,..,...,
collaborative efforts to share information pertaining to Han. Kahunde Hellen
biosecurity. Han. Kamusiime
Innacent
v. By way of responding to some of the medical Han. Katusabe Atkins
biotechnology caution, the Committee has ensured Han. Macha Geaffrey
that in its proposed amendments to the Bill, it has Han. Mafabi Ishma
provided for the following, which it recommends for Han. Mayaga Flarence
approval: Han. Mutebi D Rannie
~ Modem biotechnology risk management;
Han. Mutanyi Rase
~ Promotion of public training and educational
Han. Mwine Mpaka
outreach to promote a shared culture of
Han. Nakate Lillian
responsibility
~ Mitigation of biological proliferation; Han. Namujju Cissy D

~ Safe procedures of transfer, handling, Han. Ngabirana Charles


application and utilisation of biological agents, Han. Nyakecha Annet
GMOs and GMO products; and Han. Obua D. Hamson
~ Establishment of Laboratory licensing. Han. Oguzu Lee Denis
Han. Sabiiti Denis
II. Agricultural biotechnology The Committee learnt Han. Sematimba Peter
that genetically modified foods came to the forefront Han. Ssemmuli Antha
in 1980 when the U.S. Supreme Court Ruled and
Han. Timuziga Micheal
allowed the patenting of life forms for
Han. Waira Majegere
commercialization-. Since then thousands of
genetically modified organisms were created and Han. Waluswaka James

patented in the U.S. Some of the common genetically


modified items include corn, soybean, cotton,
squash, papaya, tomatoes, sugar beet, potatoes, flax,

Page 9

REPORT OF THE COr"1MITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 20! 2

rice, canola, baby foods, bakery products, MEMBER


confectionery, meat and meat products, soups, fruits Han. Kafeero Ssekitaleka
and vegetables:'. Agricultural biotechnology helps to: Han. Bwina Kyakulaga
Han. Abacanan Angiro G ~
.. llJIj~~~
a) Develop animals or plants with greater resistance Han. Amule Doreen
to pests and diseases;
Han. Anywarach Joshua
b) Create animals or plants with capabilities of
Han. Atuhaire Jacklet
producing higher yields in order to address food
security issues; Han. Awar Betty Engala

c) Create raw materials that can be produced in Han. Babirye Kabanda


larger quantities; Han. Biyika Lawrence
d) Create products that can enhance growth such as Han. Burunda Alex
production of growth hormones to increase milk Han. Elatu Casrnas
production in dairy cows; and Han. Gafabusa Richard ~-...
~H--
e) Develop plant materials with aesthetic features Han. Kahunde Hellen
such as developing a Rose flower with a green Han. Kamusiime
colour. Innacent
f) Enhance nutrition Han. Katusabe Atkins
Han. Macha Geaffrey
It is thus no longer a secret that genetically modified Han. Mafabi Ishma
plants and animals are already part of the food chain in Han. Mayaga Flarence
the world, including Uganda. The use is manifested in Han. Mutebi D Rannie
various ways such as animal feeds; Animal breeds Han. Mutanyi Rase
through artificial insemination; and Human feed such
Han. Mwine Mpaka
as Cereals.
Han. Nakate Lillian

Concerns of Agricultural biotechnology Han. Namujju Cissy D

Whereas GMOs and their derivatives may prove to be of Han. Ngabirana Charles
benefit, the Committee was cautioned on the following: Han. Nyakecha Annet
a) Possible health problems; Han. Obua D. Hamsan
b) Creation of products with higher allergic potential Han. Oguzu Lee Denis
exposing the population to more allergic conditions; Han. Sabiiti Denis
c) Development of crop varieties that risks affecting Han. Sematimba Peter
soil fertility; Han. Ssemmuli Anthany
d) Genetic pollution which may arise due to cross
Han. Timuziga Micheal ,*-:8~::z
pollination, hence wiping out the traditional breeds;
Han. Waira Majegere
e) Contamination of GMOs in cases where purification
processes have not been properly done; for instance Han. Waluswaka James

some GMOs are produced from bacterial strains


and inadequate purification can have dire health
consequences; and

Page 10
REPORT OF THE COl"1MlTTFF ON SCIENCE AND TECrlNOLOGY ON Mn-lF. NATIONAL. BIOTFCHNOL.OGY AND
BIOSAFETY BILL, 20! 2

f) Toxicity MEMBER SIGNATURE


Han. Kafeero Ssekitaleka
In responding to the above mentioned fears, the Han. Bwina Kyakulaga
Committee in its proposed amendments, has provided for Han. Abacanan Angiro G
stringent evaluation processes, which should be evidence Han. Amule Doreen
based, efficient, effective, predictable and well
Han. Anywarach Joshua
communicated to all parties concerned.
Han. Atuhaire Jacklet

III. Industrial biotechnology Han. Awar Betty Engala


Han. Babirye Kabanda
Industrial biotechnology is one of the methods currently Han. Biyika Lawrence
used to prevent pollution, conserve resources and Han. Burunda Alex
reduce on costs of production. It has created new Han. Elatu Casm~
markets and in a way protected the environment. Other Han. Gafabusa Richard
benefits include: Han. Kahunde Hellen
Han. Kamusiime
a) Integrated product improvements with pollution Innocent
prevention. It is reported that industrial Han. Katusabe Atkins
biotechnology solved the phosphate water pollution Han. Macho Geoffrey
problems in the 1970s, which pollution was caused Han. Mafabi Ishma
by the use of phosphates in laundry detergent. The Han. Mayaga Florence
innovation dramatically reduced phosphate-related Han. Mutebi D Ronnie
algal blooms in surface waters around the globe, and Han. Mutanyi Rose
simultaneously enabled consumers to get their
Han. Mwine Mpaka
clothes cleaner with lower wash water temperatures
Han. Nakate Lillian
and concomitant energy savings;
Han. Namujju Cissy D

b) Working with nature to maximize and optimize Han. Ngabirana Charles ........................... ~

existing biochemical pathways that can be used in Han. Nyakecha Annet -l

manufacturing. The industrial biotechnology Han. Obua D. Hamson


revolution rides on a series of related developments Han. Oguzu Lee Denis
in three fields of study of detailed information derived Han. Sabiiti Denis
from the cell: genomics, proteomics, and Han. Sematimba Peter
bioinformatics. As a result, scientists can apply new Han. Ssemmuli Anthony
techniques to a large number of microorganisms
Han. Timuziga Micheal
ranging from bacteria, yeasts, and fungi to marine
Han. Waira Majegere
diatoms and protozoa; and
Han. Waluswaka James

c) Enabling companies to use many specialized


techniques to find and improve nature's enzymes.
Information from genomic studies on
microorganisms is helping researchers to capitalize
on the wealth of genetic diversity in microbial
populations.

Page II
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOL.OGY ON THE NAT!ONAL BIOTECHNOLOGY AND

BIOSAFETY BILL. 2012

IV. Environmental biotechnology MEMBER


Han. Kafeero Ssekitaleka
Environmental biotechnology is the application of Han. Bwina Kyakulaga
Biotechnology to solve the environmental problems In Han. Abacanan Angiro G~~~_~,:":,,,
the environment and in the ecosystems. It helps to Han. Amule Dareen ~
develop, efficiently use and regulate the biological
Han. Anywarach Joshua
systems and prevent the environment from pollution or
Han. Atuhaire Jacklet
from contamination of land, air and water.
Han. Awar Betty Engala

The Committee was informed that there are five major Han. Babirye Kabanda
types of Applications of Environmental Biotechnology. Han. Biyika Lawrence
They are: Han. Burunda Alex
Han. Elatu Cosrres
a) Biomarker, which gives response to a chemical that Han. Gafabusa Richard
helps to measure the level of damage caused or the Han. Kahunde Hellen
exposure of the toxic or the pollution effect caused. Han. Kamusiime
b) Bioenergy, which is the collective purport of Biogas, Innacent
biomass, fuels, and hydrogen. This is used in the Han. Katusabe Atkins
industrial, domestic and space sectors. Han. Macha Geaffrey
c) Bioremediation, which is the process of cleaning up Han. Mafabi Ishma
the hazardous substances into non-toxic Han. Mayaga Florence
compounds. This process is majorly used for any Han. Mutebi D Ronnie
kind of technology clean up that uses the natural Han. Mutanyi Rose
microorganisms.
Han. Mwine Mpaka
d) Biotransformation, which IS used in the
Han. Nakate Lillian
Manufacturing sector where toxic substances are
converted to Bi-products. Han. Namujju Cissy D
Han. Ngabirana Charles
Industrial biotechnology has been associated with Han. Nyakecha Annet
keeping the environment safe and clean by enabling the Han. Obua D. Hamson ..~ .....
organisms and the engineers to find useful ways of Han. Oguzu Lee Denis
getting adapted to the changes in the environment. Han. Sabiiti Denis
Han. Sematimba Peter
It has also enabled scientists to improvise means of
Han. Ssemmuli Anthony
converting waste to re-usable products.
Han. Timuziga Micheal .-j-,l'IMtn"%

Han. Waira Majegere


3.0. OBSERVATIONS ON THE BACKGROUND TO THE
BILL Han. Waluswaka James
3.1. A regulatory framework that facilitates the safe
Development and application of modern biotechnol-
ogy in Uganda
While the Committee appreciates the fact that there is
need to provide a framework to ensure safety of modern

Page 12
REPORT OF T'HE COMMITTEE ON SelF-NeE AND TFCi-,INOL.oGY ON THE !\lATIONAL. B10TFCHNOL.oGY AND
BIOSAFETY BILL, 2012

biotechnology in Uganda; it found it befitting to propose MEMBER SIGNATURE~


to the House a change in the name of the title of the Bill Han. Kafeero Ssekitaleka
in order to align it to the intended purpose. Han. Bwina Kyakulaga
Han. Abacanan Angiro G
3.1.1. Designating a National Focal Point, a Compe-
Han. Amule Doreen
tent Authority and a Registrar
Han. Anywarach Joshua
Competent Authority
Han. Atuhaire Jacklet
The Bill provides for designation of the Uganda National
Council for Science and Technology (UNCST) as the Han. Awar Betty Engala
Competent Authority. Han. Babirye Kabanda
Han. Biyika Lawrence
The Committee would have wished to recommend to Han. Burunda Alex
Parliament to establish an independent Authority in Han. Elatu Cas~
order to give it fair independence other than designating Han. Gafabusa Richard
UNCST as the Competent Authority. However, during Han. Kahunde Hellen
the Round Table Discussion on 23 r d April 201 7, it Han. Kamusiime
emerged that Government was disappointed with the Innocent
performance of the already existing Authorities in Han. Katusabe Atkins
Uganda; therefore, establishing a new Authority may Han. Macho Geoffrey
not be the best idea. Han. Mafabi Ishma
Han. Mayaga Florence
Further noting that it is not proper for an institution to Han. Mutebi DRonnie
be given responsibility to take decisions, make Han. Mutanyi Rose
regulations and at the same time promote GMOs;
Han, Mwine Mpaka
Han, Nakate Lillian
And noting that if designated as a Competent Authority,
there is likely to be a conflict of interest, the Committee Han. Namujju Cissy D

noted that the Uganda National Council for Science and Han. Ngabirana Charles
Technology (UNCST), which is a promoter of modern Han. Nyakecha Annet .......Q;..."..,. ., ..
biotechnology cannot at the same time be designated Han. Obua D, Hamson
the responsibility of regulating it. It is on that basis that Han, Oguzu Lee Denis
the Committee has proposed to establish a Directorate Han. Sabiiti Denis
of Biosafety within the Ministry of Science, Technology Han. Sematimba Peter
and Innovation (MSTI), which Directorate is designated Han, Ssemmuli Anthony
as a Competent Authority.
Han. Timuziga Micheal
Han. Waira Majegere
The decision to establish a relevant Directorate of
Biosafety in MSTI is backed up by experience obtained Han. Waluswaka James

from the benchmarking study in Argentina; a


developing country like Uganda, but more advanced in
modern biotechnology development and application.
Argentina, unlike Uganda established two Competent
Authorities in accordance with the Art. 19 (1) of the
Cartagena Protocol on Biosafety to the Convention on

Page 13
REPORT OF THE COMMITTEE ON SC1ENCE AND TECHNOLOGY ON THE NATIONAL. B!OTECHNOL.OGY AND

BIOSAFETY BILL, 2012

Biological Diversity. It established a Competent MEMBER


Authority responsible for the administration of the Han. Kafeera Ssekitaleka
regulatory framework of Genetically Modified crops Han. Bwina Kyakulaga
which is placed in the Ministry of Agro-industry; and a Han. Abacanan Angiro G
Competent Authority called Biotechnology Directorate, Han. Amule Doreen
which is placed in the Ministry of Science, Technology
Han. Anywarach Joshua
and Productive Innovation.
Han. Atuhaire Jacklet

Reporting structure of the Registration and inspection Han. Awar Betty Engala

agencIes Han. Babirye Kabanda


The Committee observed that the reporting structure Han. Biyika Lawrence
was not well stipulated in the Bill. Reporting structures Han. Burunda Alex
and power centres have been a cause of several Han. Elatu Casmlf3
misunderstandings in government structures and it Han. Gafabusa Richard
should be avoided this time round. The Committee Han. Kahunde Hellen
therefore recommends that the reporting structure of Han. Kamusiime
the biotechnology and biosafety Institutional Innocent
Framework should be specified in the law to avoid Han. Katusabe Atkins
ambiguities. In that regard, the Competent Authority Han. Macho Geoffrey
should be the Top Most biotechnology and biosafety Han. Mafabi Ishma
structure, supervising the National Biosafety Han. Mayaga Florence
Committee; to which the Institutional Biosafety Han. Mutebi DRonnie
Committees should report. Han. Mutanyi Rose
Han. Mwine Mpaka
3.1.2. Establishing a National Biosafety Committee
Han. Nakate Lillian
(NBC) and Institutional Biosafety Committees (IBCs)
Further borrowing from the benchmarking studies Han. Namujju Cissy D

undertaken in Brazil, South Africa and Kenya, the Han. Ngabirana Charles
proposed NBC and IBCs in the Bill are not Han. Nyakecha Annet
comprehensively constituted to include people from Han. Obua D. Hamson
relevant sectors. The Committee will therefore in its Han. Oguzu Lee Denis
amendments propose to the House to amend the Han. Sabiiti Denis
relevant clauses to make the Bill more inclusive than it Han. Sematimba Peter
is currently. Han. Ssemmuli Anthony
Han. Timuziga Micheal
The Committee also found it necessary to enhance the
Han. Waira Majegere
functions of the NBC.
Han. Waluswaka James

3.1.3. mechanisms to regulate research, development


and general release ofgenetically modified organisms
Why hurry to enact a law to regulate modem
biotechnology?- A section of Ugandans have questioned
as to why there should be a hurry to enact a law to

Page 14
REPORT OF THE COMMiTTEE ON SCIENCE AND TECHNOL.OGY ON THE NATIONAL BIOTECHNOL.OGY AND
BiOSAFETY 20 i 2.

regulate modern biotechnology. It should be noted that MEMBER


the Government of Uganda, through the National Han. Kafeero Ssekitaleka
Agricultural Research Organisation (NARO), is already Han. Bwina Kyakulaga
in advanced stages, conducting research on crop plants Han. Abacanan Angiro G
produced through modern biotechnology in order to
Han. Amule Doreen
come up with products that overcome chronic problems
Han, Anywarach Joshua
such as insect and disease epidemics, drought stress,
Han. Atuhaire Jacklet
and malnutrition. A law is therefore required to provide
for the safe development and release of the improved Han, Awor Betty Engala

varieties resulting from biotechnology to farmers. Han. Babirye Kabanda


Han. Biyika Lawrence
It should also be noted that many farmers in African Han. Burunda Alex
countries and trade partners are already using products Han. Elatu CasrnQ.s
of modern biotechnology. Furthermore, Uganda's Han. Gafabusa Richard -L_.....~?r.:
borders are porous, hence necessitating a law to guide Han. Kahunde Hellen
access and use of such products. Han. Kamusiime
Innocent
It is also important to note that in a free market Han. Katusabe Atkins
economy like Uganda, products are imported into the Han, Macho Geoffrey
country from various parts of the world. Some of these Han, Mafabi Ishma
imported products contain GMO materials that mayor Han. Mayaga Florence
may not be clearly indicated. There is need to provide Han. Mutebi D Ronnie
for identification of GM content in such products to give Han. Mutanyi Rose
Ugandans an opportunity to choose to use or not to use
Han. Mwine Mpaka
GMO products.
Han. Nakate Lillian

A fear that biotechnology produced drugs contain Han. Namujju Cissy D

harmful biotechnology chemicals Han, Ngabirana Charles


The Committee learnt that the first ever used Han. Nyakecha Annet
biotechnology produced drug was quinine, an alkaloid Han. Obua D. Hamson
found in the bark of the cinachona tree. This was the Han. Oguzu Lee Denis
best chemotherapeutic agent available to combat Han. Sabiiti Denis
malaria until the 1920s. Since then, other plant Han. Sematimba Peter
extracts followed. The most recent being the artemisinin Han. Ssemmuli Anthony
extract from the leaves of Artemisia annua, a plant used
Han, Timuziga Micheal -~~:JP:L~
by the Chinese to treat malaria.
Han, Waira Majegere

The Committee further learnt that when medicines are Han. Waluswaka James

produced through extracts from plants, it only


undergoes purification to get the pure chemical needed
for medicinal purposes. This explanation allays fears
that GMO drugs contain pure biotechnology chemicals.
Although GMO drugs are produced biotechnologically,

Page 15
REPORT OF THE COMM!TTEE ON SCIENCE AND TECHNOLOGY ON THE NAT!ONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 20! 2

they have no genetic residues, but are pure chemicals MEMBER


for medicinal use. Han. Kafeero Ssekitaleka
Han. Bwina Kyakulaga
A law may help to alley such fears because it will have Han. Abacanan Angiro G
well laid out procedures of releasing the genetically Han. Amule Doreen
modified products. Besides this confidence, the
Han. Anywarach Joshua
Committee also calls upon the Uganda National Drug
Han. Atuhaire Jacklet
Authority (NDA) to tighten its control measures and
systems to protect Ugandans from the unlikely events Han. Awar Betty Engala

that may arise out of such circumstances. Han. Babirye Kabanda


Han. Biyika Lawrence
The Need to protect human life. animal and Plant health Han. Burunda Alex
The Bill mainly focused on crop biotechnology, but it Han. Elatu Casm~
didn't provide for stages that a genetically modified Han. Gafabusa Richard ---.-~ .......
product must go through before it is released. The Han. Kahunde Hellen
Committee finds it necessary to submit applications of Han. Kamusiime
the project to an IBC, which also submits to the NBC Innocent
hence to the Competent Authority for approval. Before Han. Katusabe Atkins
approval, the NBC is expected to review the proposal Han. Macho Geoffrey
and make a site visit to determine whether the Han. Mafabi Ishma
conditions exist for carrying out the work safely. Once Han. Mayaga Florence
the proposal is approved, development and testing can Han. Mutebi D Ronnie
begin, and must be performed in a restricted and Han. Mutanyi Rose
controlled environment. If the work site is a factory, or
Han. Mwine Mpaka
a confined field trial, or field trial, the Ministry of
Han. Nakate Lillian
Agriculture should be in charge of supervising the
experiment. Then, before the GMO product's Han. Namujju Cissy D

commercial release, the NBC should evaluate whether Han. Ngabirana Charles
the data collected corresponds to the established Han. Nyakecha Annet
biosecurity criteria. Han. Obua D. Hamson
Han. Oguzu Lee Denis
Prior to its marketing, the GMO product should further Han. Sabiiti Denis
be subjected to a technical assessment conducted by a Han. Sematimba Peter
number of Members of the Competent Authority, who Han. Ssemmuli Anthony
should decide whether it is advantageous or not, for the
Han. Timuziga Micheal
country to launch the new product on the market.
Han. Waira Majegere
Fear of the Terminator Gene seeds
Farmers fear that they may replant seeds from GM Han. Waluswaka James

crops, which may fail to germinate. The Committee has


established that the seeds will germinate; however, the
yields may be lower than the first season of planting,
just like conventionally bred hybrids that many farmers
are already familiar with. Nevertheless, the Committee
1
Page 16
REPORT OF TI-1F COMMITTEE ON SCIENCE AND TFCHNOL.. OGY ON THE NATIONAL.. B!OTECHNOL.OGY AND
BIOSAFETY BILL. 2012

in its proposed amendments has provided that MEMBER


terminator seed should never be developed, imported or Han. Kafeero Ssekitaleka
otherwise used in Uganda. Han. Bwina Kyakulaga
Han. Abacanan Angiro G
Fear of Environmental degradation by GM crops
Han. Amule Dareen '
Han. Anywarach Jashua
The Committee considered allegations that genetically
Han. Atuhaire Jacklet
modified crops can potentially cause environmental
problems that result directly from the engineered traits. Han. Awar Betty Engala
The public is hereby informed that the Committee in its Han. Babirye Kabanda
proposed amendments has ensured that the release of Han. Biyika Lawrence
any genetically modified crops to farmers is done after Han. Burunda Alex
thorough assessments to ensure that the crops pose no Han. Elatu Cas~
significant negative effects on the environment. To that Han. Gafabusa Richard
effect, a liability clause has been proposed to address Han. Kahunde Hellen
circumstances of both unintentional and intentional Han. Kamusiime
release as well as mitigation measures in case of Innacent
emergencies, Han. Katusabe Atkins
Han. Macha Geaffrey
Fear of Monopoly of seed distribution by seed companies Han. Mafabi Ishma
The government of Uganda put in place systems and Han. Mayaga Flarence
programmes to ensure a diverse and sustainable Han. Mutebi D Rannie
agricultural sector, as stipulated in the Agriculture
Han. Mutanyi Rase
Development Sector Investment Plan (DSIP). There will
Han. Mwine Mpaka
therefore be no monopoly of seed distribution. Uganda
Han. Nakate Lillian
is a free market economy and farmers will choose to
grow what they want; and to buy from any company of Han. Namujju Cissy D
their choice. Han. Ngabirana Charles
Han. Nyakecha Annet
Labelling Han. Obua D. Hamsan
The Committee observed that there was no provision in Han. Oguzu Lee Denis
the Bill to provide for labeling of GMO products. As a Han. Sabiiti Denis
party to the Cartagena Protocol, the Committee has in Han. Sematimba Peter
its proposed amendments provided for that
Han. Ssemmuli Anthany
documentation accompanying Genetically modified
Han. Timuziga Micheal
organisms that are intended for intentional introduction
Han. Waira Majegere
into the environment, should clearly identify the GMOs
as such. The documentation should also specify the Han. Waluswaka James

identity and relevant traits and/ or characteristics


among others.

Protection of indigenous varieties


A section of Stakeholders expressed a need to protect
the indigenous materials. Other stakeholders expressed

Page 17
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NAT!ONAL B!OTECHNOLOGY AND

BIOSAFETY BILL, 20! 2

fears that indigenous seed would be wiped out by MEMBER


diverse and complex causes of crop genetic diversity Han. Kafeero Ssekitaleka l.M~~ .
losses, which include ecosystem destruction, forest Han. Bwina Kyakulaga 1\[\ ....j':": ~..
cutting, bush and charcoal burning, agricultural '.~
Han. Abacanan Anglro I"
-( r"1\ .llll
~
':It-.
__ ' - ..
expansion, diversification and changing agricultural n_~~ .l~ '\"l"
Han. Amule Doreen blJoA - 'T""f .. \;It ..
practice, natural disasters, climate change, pests and
Han. Anywarach Jashua .
diseases, changes in dietary preferences and use habits,
Han. AtuhaireJacklet ..~ ..
pollution, population expansion, land fragmentation,
introduction of new high yielding varieties, invasive Han. Awor Betty Engola .~ ..\..f...
species and uncontrolled harvesting from the wild were Han. Babirye Kabanda ............................
all acknowledged by scientists. Hon. Biyika Lawrence
Han. Burundo Alex
.~_ .. ,
'~7""''''''''''

The Committee visited the Uganda National Gene Bank Han. Elotu CasrJl9s vt>::--f\~
~.,
.A ..
at Entebbe and established that it has a holding Han. Gafabusa Richard c::1--'r"=
II~~
~
0_
~
capacity of 5,000 accessions. This is however far less Han. Kahunde Hellen ..~ ..
than the estimated 500,000 accessions that represent Han. Kamusiime J_ ~-
Uganda's PGRFA diversity. Although its holding Innacent IA~ , ,...,.,.,.....
capacity IS 5000 accessions, at the time of the Han. Katusabe Atkins 7 .
Committee's visit, there were only 3,781 acceasions Han. Macha Geoffrey ...... ~.
(samples) representing 149 species; of which, 85 were Han. Mafabi Ishma .....;..; ..
crops species of the known 96 crops species in Uganda. Han. Mayoga Florence
L.1A i~ /:\
....~. . l ......
Other than the indigenous materials stores in Uganda. Han. Mutebi D Ronnie ...~ .......
Excess materials are transported to Spain for safe Han. Mutonyi Rose
custody. Spain has a Gene bank that has the capacity ~I -.,.U
Han. Mwine Mpaka 1--4'7'!!,;,.i.' .
to keep the materials for 50 years. ~krr ..
Han. Nakate Lillian ... ""T"T" -';"'" .

Recommendation Han. Namujju Cissy D

The Government of Uganda should increase funding in Han. Ngabirana Charles


/a~
national conservation for the future. It should also Han. Nyakecha Annet .... .-... . , . o ,

l~~
rehabilitate and sufficiently equip the Uganda National Han. Obua D. Hamson "T'TOJ1~ .
Gene bank at Eniebbe, in addition to protecting its land Han. Oguzu Lee Denis "'oi""""'~'"''''

from encroachers. Han. Sabiiti Denis


Han. Sematimba Peter .~~..~.~ ...
Laboratory Experiment Han. Ssemmuli Anthony
<,
~ ......
Hon. Timuziga Micheal
The Committee observed that while there exists
Han. Waira Majegere
guidelines for establishment of general laboratories,
there is need to establish biosafety requirements, for the Han. Waluswaka James ~~ ....~....
issuance of permits to operate GMO laboratories or
activities related to GMOs and their by-products; an
issue that was omitted In the Bill. This omission has
been addressed by amending the schedules.

Page 18
REPORT OF THE COtvtMITTFF ON SCIENCE AND TFCHNOL.OGY ON THE NATIONAL. BIOTECHNOL.OGY AND
BIOSAFETY 2012

GMO free Zones and Isolation distances between GMO MEMBER


crops and Non-GMO crops-a section of the public had Han. Kafeero Ssekitaleka
suggested restriction of GMO activities to specific Zones Han. Bwina Kyakulaga
in addition to providing minimum isolation distances Han. Abacanan Angir
between genetically modified crops and non-genetically
Han. Amule Doreen
modified crops, to allow the coexistence of different
Han. Anywarach Jashua
production systems in the field. The Committee decided
Han, Atuhaire Jacklet
not to create GMO free zones because of the fragmented
nature of Uganda's farming systems and the existence Han, Awar Betty Engala

of various human rights concerns. Han, Babirye Kabanda


Han. Biyika Lawrence
Criminal Offenses- Proposals have been made by the Han. Burunda Alex
Committee to provide for specific specific penalties for Han. Elatu Casm~
criminal offences especially with regard to the following: Han. Gafabusa Richard
a) Release or disposal of GMOs into the environment in Han. Kahunde Hellen
a way that is contrary to the standards established Han. Kamusiime
by the Competent Authority and by the agencies and Innacent
entities of registration and inspection; Han, Katusabe Atkins
b) The offense resulting in damage to another's Han, Macha Geaffrey
property; Han. Mafabi Ishma
c) Offences causing harm to the environment; Han, Mayaga Flarence
d) Offense resulting in serious bodily injury to another Han. Mutebi D Rannie
person; and
Han. Mutanyi Rase
e) Offenses resulting in death.
Han. Mwine Mpaka
Han. Nakate Lillian
4.0. HUMAN RIGHTS COMPLIANCE OF THE BILL IN
ACCORDANCE WITH THE INTERNATIONAL TREATY Han. Namujju Cissy D
AND CONVENTION OBLIGATIONS ON HUMAN Han. Ngabirana Charles
RIGHTS Han. Nyakecha Annet
4.1. Human rights concerns that have been adequately Han. Obua D. Hamsan
catered for in the Bill Han. Oguzu Lee Denis
The committee interacted with the Human rights Han. Sabiiti Denis
Commission and established that the following had Han. Sematimba Peter
been adequately catered for in the Bill.
Han. Ssemmuli Anthany
a. The proposed legal framework facilitates safe
Han. Timuziga Micheal
Development and application of biotechnology.
Han. Waira Majegere
This is a positive human rights in the realization of
the right to adequate standard of living and Han. Waluswaka James

adequate food for Ugandans under Art. 11 of the


International Covenant on Economic, Social and
Cultural Rights (ICESCR.)

b. The proposal to protect confidential business


information is an important provision especially in

Page 19
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY O~-j THE NATIONAL BIOTECHNOLOGY AND

B!OSAFETY BILL, 2012

light of sensitivity of scientific and biotechnology MEMBER


experiments. Although the Competent Authority is Han. Kafeero Ssekitaleka
expected to avail information to the public, the Han. Bwina Kyakulaga
regulatory system must balance the competing Han. Abacanan Angiro G I~;;a=~~
interests of the applicant, who may want to keep Han. Amule Doreen
some information confidential for business
Han. Anywarach Joshua
purposes. A regulatory system with no protection
Han. Atuhaire Jacklet
for trade secrets and proprietary information,
might not receive any application because private Han. Awar Betty Engala

enterprises wouldn't be able to successfully market Han. Babirye Kabanda


a product if certain information isn't kept Han. Biyika Lawrence
confidential. This is clearly provided for in the Bill. Han. Burunda Alex
Han. Elatu Cas~
4.2. Human rights concerns that have not been adequately Han. Gafabusa Richard
catered for in the Bill Han. Kahunde Hellen
In the Bill, the following human rights concerns arise. Han. Kamusiime
a) Inadequate public awareness and participation; Innocent
b) Lack of clear safety standards to ensure food safety Han. Katusabe Atkins
and security; Han. Macho Geoffrey
c) Inadequate safety standards of approving a Han. Mafabi Ishma
genetically Modified Organism (GMO); Han. Mayaga Florence
d) Inadequate provisions related to fair and equitable Han. Mutebi DRonnie
sharing of benefits from utilising genetic resources; Han. Mutanyi Rose
e) Limited access to information; and
Han. Mwine Mpaka
f) Inadequate oversight mechanisms.
Han. Nakate Lillian

Inadequate public awareness and participation-There Han. Namujju Cissy D

was inadequate public awareness and participation of Han. Ngabirana Charles


the general public about the introduction of GMOs and Han. Nyakecha Annet
biosafety. Awareness involved a few stakeholders. Han. Obua D. Hamson
Likewise, as was in practice, even the Bill had not Han. Oguzu Lee Denis
provided for public participation and awareness. The Han. Sabiiti Denis
Bill provides that the Competent Authority may promote Han. Sematimba Peter
awareness, but it doesn't specify the right of the public Han. Ssemmuli Anthony ~~~~~
to participate in the decision making process; yet Art.
Han. Timuziga Micheal
23 of the Cartagena Protocol on Biodiversity (CPB)
Han. Waira Majegere
obliges party states to promote and facilitate public
awareness, education, participation and access to Han. Waluswaka James

information concerning safe transfer, handling and use


of living modified organisms, in relation to the
conservation and sustainable use of biological diversity.

Page 20
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOL,OGY ON THE NATIONAL, BIOTECHNOLOGY AND
BIOSAFETY 2012

The Committee has therefore proposed an MEMBER


amendment to the Bill, which allows the public to be Han. Kafeero Ssekitaleka
consulted in decision making process regarding Han. Bwina Kyakulaga
GMOs, which is in line with the precautionary Han. Abacanan Angiro G
principle, whichforms the basis ofthe African Union's Han. Amule Doreen
Revised Model Law on Biodiversity.
Han. Anywarach Joshua
Han. Atuhaire Jacklet
Lack of clear safety standards to ensure food safety and
security- It is noted that the Bill provides for facilitation Han. Awor Betty Engala

of safe use of biotechnology in order to address food Han. Babirye Kabanda


security. For this to be done, the Bill gives a Han. Biyika Lawrence
comprehensive definition of GMO, but the definition in Han. Burunda Alex
the Bill doesn't distinguish GMOs based on the Han. Elatu Cosrnqs
products which GMOs produce. The Bill doesn't also Han. Gafabusa Richard
adequately address issues of food safety and security, Han. Kahunde Hellen
for instance there are no laid out procedures of what Han. Kamusiime
would be considered in conducting food safety Innocent
assessments. Han. Katusabe Atkins
Han. Macho Geoffrey
Recommendation Han. Mafabi Ishma
The Committee recommends that the Bill should Han. Mayaga Florence
provide for identification of GMOs for any person Han. Mutebi D Ronnie
manufacturing or importing a GMO Han. Mutanyi Rose
Han. Mwine Mpaka
Inadequate safety standards of approving a genetically
Han. Nakate Lillian
Modified Organism (GMOJ- Although the Bill provides for
institutions that would approve GMO at various stages Han. Namujju Cissy D

and lays out the requirements for approval in Han. Ngabirana Charles
schedules, it doesn't explicitly layout the criteria for the Han. Nyakecha Annet
refusal or granting of the approval. It doesn't provide for Han. Obua D. Hamson
whether the criteria will be based on risk to the Han. Oguzu Lee Denis
environment, animal or human health, or food safety Han. Sabiiti Denis
and security. Han. Sematimba Peter
Han. Ssemmuli Anthony
It is also not clear whether the criteria provided in the
Han. Timuziga Micheal
Bill would be applied on possible environmental
Han. Waira Majegere
impacts caused by GMOs including loss of biodiversity
because of dominance of GMO strains or the direct and Han. Waluswaka James

indirect side effects of GMOs on life support systems in


the environment such as air, water and soil.

The Bill further didn't outline which socio-economic


considerations would include impacts on farmers'
income and welfare, ethical values, cultural practices

Page 2!
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 20! 2

such as the knowledge, innovations of indigenous and MEMBER SI~NATURE olD

local communities In saving and multiplying seed In Han. Kafeero Ssekitoleka ...v.ll~ ~
order to sustain food systems and food security. Han. Bwino Kyakulaga ~~ .
Han. Abacanon Angiro G '7-':'"........_. \ .~ .
The Committee considered the above omissions and
Han. Amule Dareen~ . ulL..7:f'"" .~!'S" .
proposed In the schedule, a criteria for refusal or
Han. Anywarach Joshua ....... ..
granting of the approval of a GMO. The criteria .JLU.A. . .~
~

indicates the most recent peer reviewed information Han. Atuhaire Jacklet .. v:~ ........
about the GMO and the Competent Authority may be Han. Awor Betty Engala
v
given an option to conduct the risk assessment Han. Babirye Kabanda .................. ...... ~

Han. Biyika Lawrence V I. ALA..


The Committee further proposed In the schedule, Han. Burunda Alex 'I.
",'AI
rl"li:I ..
explicit details of what constitutes socio-economic Han. Elatu Cas~s
'Ill(
W ..
considerations in the event of introduction of GMOs. Han. Gafabusa Richard ~ ..~~ ..
~ v
Han. Kahunde Hellen d ri"~" ......
Risk and safety assessment and management -The
Committee noted the concern that the Technology has ~~~'cent Kamusiime ~ .!--!-~ .
both potential risks and benefits that should be evaluated Han. Katusabe Atkins 'f. ..
V(~n
before a decision IS taken to transfer the technology to Han. Macha Geaffrey .... ~.:,,: .
farmers and consumers. While the Bill provides for the Han. Mafabi Ishma ...... /, .
different stages In the development of a genetically Han. Mayoga Florence .....{~a' ~, .
Modified Organism (GMO) from approval of each stage of Han. Mutebi D Ronnie ...~ ....
research, risk and safety assessment and management; Han. Mutanyi Rase
general release into the environment; and import, export
Han. Mwine Mpaka ~ ...Y...
and transit process for GMOs in line with Art. 2 of the ~fJl.-
Han. Nakate Lillian ...... "1' - .
Cartagena Protocol on Biosafety to the Convention on
Biological Diversity, the Committee has proposed Han. Namujju Cissy D

amendments to provide for the case risk assessment Han. Ngabirana Charles
Han. Nyakecha Annet
Han. Obua D. Hamson
,... { l"
'-'fJf'.,:..:~""'"

~uy~
\~
....
Limited access to information-The Bill provides for Han. Oguzu Lee Denis ,
.. .. ~ ...;, .
publishing an approval for general release in the Gazette Hon. Sabiiti Denis ..IJr//I '
r V ... -
'I.
.......

or official website of the Competent Authority, to which a Han. Sematimba Peter ~.~.~... ~ ..
--"I
small section of the public have access. In order to make Han. Ssemmuli Anthony
the public aware of the GMO produced, its benefits and
Han. Timuziga Micheal
risk assessment to the health and environment; the ", "~ J .. \

Han. Waira Majegere .. ../~.' ....


Committee has proposed a provision to publish in national
newspapers and appropriate electronic media. This may Han. Waluswaka James ~~.....~ ......

also enable the public to respond to any issues raised.

A provision has also been proposed for a time frame within


which the public should respond to the Competent
Authority and vice versa.

Page 22
REPORT OF Tl1F COM~t1ITTEF. ON SCIENCE AND TFCHNOL.OGY ON THE NATIONAL BIOTFCHNOL.OGY AND
BIOSAFETY BILL, 2012

MEMBER
Inadequate oversight mechanisms- The Bill omitted the Han. Kafeero Ssekitoleka
central role of the Ministry of Agriculture, Animal Industry Han. Bwino Kyakulaga
and Fisheries in the process, yet this ministry is Han. Abacanan Angiro G
responsible for any agricultural developments in Uganda;
Han. Amule Dareen
and it has a primary role to play in ensuring food security.
Han. Anywarach Jashua
This has however been catered for in the proposed
Han. Atuhaire Jacklet
amendments.
Hon. Awar Betty Engola

Offences and penalties- While some scientists argued that Han. Babirye Kabanda
corporate bodies invest in sectors that have limited risks; Han. Biyika Lawrence
and that if the penalties are high, the law may discourage Han. Burundo Alex
potential investors into this technology; the Committee Han. Elotu Cosrnas
observed that the sanctions and redress for breach of the Han. Gafabusa Richard
provisions that were provided in the Bill are very light. Han. Kahunde Hellen
Han. Kamusiime
It was further observed that liability was vaguely defined Innacent
giving protection to corporations which may commit Han. Katusabe Atkins
offences. Penalties to body corporates were also not Han. Macho Geoffrey
specifically spelt out, while the restoration order redress is Han. Mafabi Ishma
limited to restoration of the environment and levying of a Han. Mayoga Florence
charge and liability which doesn't encompass redress in Han. Mutebi D Ronnie
case of harm to human and animal health or damage to
Han. Mutonyi Rose
the livelihood of communities
Han. Mwine Mpaka
Han. Nakate Lillian
Proposals have also been made to make the penalties for
breach of the provisions of the Act more stringent, taking Han. Namujju Cissy D

into account the high level of risk attributed to the Han. Ngabirana Charles
development of GMOs and potential adverse effect caused Hon. Nyakecho Annet
to public health and environment. Han. Obua D. Hamson
Han. Oguzu Lee Denis
Liability was also extended to include compensation in Hon, Sabiiti Denis
case of harm to human and animal health which may have Han. Sematimba Peter
suffered due to the release of a GMO. Hon. Ssemmuli Anthony
Han. Timuziga Micheal
5.0. GENDER COMPLIANCE OF THE BILL
Han. Waira Majegere
5.1. Fair and equitable sharing of benefits from utilising
genetic resources Han. Waluswaka James

Inadequate provisions related to fair and equitable sharing


of benefits from utilising genetic resources
The Committee observes that it is only fair to provide for
sharing of benefits that arise from the use of genetic
resources in light of the intricacies of intellectual property
rights of GMOs. It was further noted that biotechnology

Page 23
REPORT OF Tl-iF COMM!TTEE ON SCIENCE AND 'TECHNOLOGY ON THE NAT!ONAL BiOTECHNOLOGY AND

BIOSAFETY BILL, 2012

companies with patent rights don't only have patent rights MEMBER
to restrict the use of GMOs, but could also inevitably Han. Kafeero Ssekitaleka
control the saving, sharing and multiplication of seed and Han. Bwina Kyakulaga
the cost of patented seed. This is of great concern in Han. Abacanan Angira G
Uganda where the greater percentages of farmers are not
Han. Amule Doreen
well conversant with the Patent Rights and may not be able
to afford patented seed.

In view of the above concern, the Committee has Han. Awor Betty Engala

proposed an explicit criteria in the schedule to guide the Han. Babirye Kabanda
Competent Authority on when to approve the introduction Han. Biyika Lawrence
ofGMOs. Han. Burunda Alex
Han. Elatu Cosrrzs
6.0. GENERAL RECOMMENDATIONS Han. Gafabusa Richard
6.1. Institutional framework -The National Biotechnology Han. Kahunde Hellen
and Biosafety Bill should establish an institution Han. Kamusiime
responsible for establishing the biosafety requirements Innocent
for the issuance of permits to operate laboratories, Han. Katusabe Atkins
institutions, or companies carrying out activities related Han. Macho Geoffrey
to GMOs and GMO bi-products. Han. Mafabi Ishma
Han. Mayaga Florence
6.2. A Biosafety Directorate should be established in the Han. Mutebi DRonnie
Ministry of Science, Technology and Innovation, with a Han. Mutanyi Rose
clearly spelt out mandate to establish technical
Han. Mwine Mpaka
standards regarding GMO research and the commercial
Han, Nakate Lillian
use of GMOs and their bi-products based on the
assessment of their risk to human, animal health; and Han. Namujju Cissy D

the environment, among other functions. Han. Ngabirano Charles


Han. Nyakecha Annet
6.3. The Competent Authority should comprise of multi- Han. Obua D. Hamson
disciplinary professionals, who should be responsible Han. Oguzu Lee Denis
for providing technical support and advice to the Han. Sabiiti Denis
Government of Uganda. The Competent Authority Han. Sematimba Peter
should be able to update the Ministry on the emrging Han. Ssemmuli Anthony
modern biotechnologies; as well as establishing
'Han, Timuziga Micheal
technical safety standards and providing technical
Han. Waira Majegere
advice regarding the authorization of activities involving
research and the commercial use of GMOs and their bi- Han. Waluswaka James

products, based on the assessment of their risk to


human health and the environment.

6.4. The functions of the National Biosafety Committee


should be enhanced.

Page 24
REPORT OF HH:: COMMITTEE ON SCIENCE AND TECHNOI....OGY ON THE NATIONAL. BIOTECHNOLOGY AND
BIOSAFETY sui, 2012

MEMBER SIGNATURE
6.5. Laboratory Experiment Biosafety requirements, Han. Kafeero Ssekitaleka
specifically for the issuance of permits to operate GMO Han. Bwina Kyakulaga
laboratories or activities related to GMOs and their bi- Han. Abacanan Angir
products should be established. Han. Amule Dareen '
Han. Anywarach Joshua
6.6. Labelling - Consumers must be informed about the
Han. Atuhaire Jacklet
GMO content of a product marketed as food for human
or animal consumption. Han. Awar Betty Engala
Han. Babirye Kabanda
6.7. Ecological and environmental concerns- while it is Han. Biyika Lawrence
appreciated that the Biotechnology and Biosafety Bill Han. Burunda Alex
should be passed with amendments if Uganda is to Han. Elatu Cas~
achieve the National goals of poverty eradication, Han. Gafabusa Richard-~
improved healthcare, food security, industrialisation Han. Kahunde Hellen
and the protection of the environment, it should also be Han. Kamusiime
recognised that Art. 39 of the Constitution of the Innacent
Republic of Uganda entitles every Ugandan to a clean Han. Katusabe Atkins
and healthy environment. Han. Macha Geaffrey
Han. Mafabi Ishma
Government of Uganda should therefore defend and Han. Mayaga Flarence
preserve the environment for the present and future Han. Mutebi D Rannie
generations. To ensure the effectiveness of this right, Han. Mutanyi Rase
Government should preserve the diversity and integrity
Han. Mwine Mpaka
of the country's genetic patrimony, and should
Han. Nakate Lillian
supervise entities dedicated to research and
manipulation of genetic material. Han. Namujju Cissy D
Han. Ngabirana Charles
Government should also ensure that an Environment Han. Nyakecha Annet --:-:t:t;:;:;:#~5;;~

Impact Assessment has been carried out, and a report Han. Obua D. Hamsan
on the results issued by a relevant authority and made Han. Oguzu Lee Denis
public before any GMO activities take place. Han. Sabiiti Denis
Han. Sematimba Peter
6.8. Restrictions on Releasing Organisms into the Han. Ssemmuli Anthany
Environment- GMOs or their bi-products should not be
Han. Timuziga Micheal e:
released into the environment:
Han. Waira Majegere
1. without a favourable technical decision issued by
the Competent Authority in consultation with the Han. Waluswaka James

NBC;
11. during trade operations, without a favourable
technical opinion issued by the Competent
Authority in consultation with the NBC;
111. without a license issued by the appropriate
institution or environmental entity; or

Page 25
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 2012

IV. without the approval of the Competent Authority MEMBER SIGNATURE


in consultation with the NBC. Hon. Kafeero Ssekitoleko
Hon. Bwino Kyakulaga
6.9. Report of accidental release- Any accidental release of Hon. Abacanon Angiro G
a GMO, GM plant and its bi-products; or a GMO from a
Hon. Amule Doreen
laboratory, must be immediately reported to the
Hon. Anywarach Joshua
Competent Authority.
Hon. Atuhaire Jacklet

6.10. Liability Regime -Without prejudice to the application Hon. Awor Betty Engola

of the penalties that have been proposed in this report, Hon. Babirye Kabanda
anybody responsible for damage to the environment Hon. Biyika Lawrence
and to third parties should jointly be liable for their Hon. Burundo Alex
compensation or full reparation. Hon. Elotu Cosrnss
Hon. Gafabusa Richard
6.11. Offences and penalties- The release or disposal of Hon. Kahunde Hellen
GMOs into the environment in a way that is contrary to Hon. Kamusiime
the standards established by the Competent Authority Innocent
and by the agencies and entities of registration and Hon. Katusabe Atkins
inspection should be punishable. The punishment Hon. Macho Geoffrey
should increase by a given percentage e. g. one-sixth to Hon. Mafabi Ishma
one-third if the offense results in damage to another's Hon. Mayoga Florence
property; one-third to one-half if harm is caused to the Hon. Mutebi D Ronnie
environment; one-half to two-thirds if the offense Hon. Mutonyi Rose
results in serious bodily injury to another person; and
Hon. Mwine Mpaka
two-thirds to double if the offense results in death.
Hon. Nakate Lillian

6.12. Individuals acting in an autonomous capacity shouldn't Hon. Namujju Cissy D

be allowed to develop activities and projects involving Hon. Ngabirano Charles


GMOs, unless they are attached to existing Institutional Hon. Nyakecho Annet
Biosafety Committees. Hon. Obua D. Hamson
Hon. Oguzu Lee Denis
6.13. Unfair practices by seed companies- Unfair practices Hon. Sabiiti Denis
by seed companies which may want to take advantage Hon. Sematimba Peter
of their absolute monopoly to take control over Hon. Ssemmuli Anthony
agricultural biotechnology should not be entertained by
Hon. Timuziga Micheal
Government.
Hon. Waira Majegere

6.14. If not avoided, provrsions on agreements to be signed Hon. Waluswaka James

between farmers and seed companies should be void of


unnecessary restrictions to farmers before they gain
access to the respective companies' seeds, which
restrictions may in turn cause farmers to surrender
their other important rights, such having privacy on

Page 26
REPORT OF TI1F COMMITTEE ON SCIENCE AND TFCHNOL.OGY ON THE NATIONAL.. B10TECHNOL..OGY AND
BIOSAFETY eiu, 2012

their farms, preventing farmers from saving seeds and MEMBER SIGNATURE
reproducing them individually or even replanting the Han. Kafeero Ssekitaleka
seed. The Committee has ensured that if there is need Han. Bwina Kyakulaga
for any royalty to be collected, it has been provided for Han. Abacanan Angiro G
in the proposed amendments, otherwise it is not
Han. Amule Dareen
necessary.
Han. Anywarach Joshua
Han. Atuhaire Jacklet
6.15. Increase funding and support to the Ministry of
Health- Government should increase funding and Han. Awar Betty Engala

make timely release of funds to the Ministry of Health Han. Babirye Kabanda
to enable it to enhance the capacity of its biotechnology Han. Biyika Lawrence
laboratories; strengthen real time bio-surveillance and Han. Burunda Alex
reporting; set up Public Emergency Operations Centres Han. Elatu Casm~
(PHEOC); set up a bio safety and bio security facility and Han. Gafabusa Richar
to upgrade imaging equipment for safety against Han. Kahunde Hellen
radiation. Han. Kamusiime
Innacent
6.16. Procedures and security measures should be Han. Katusabe Atkins
established to contain and prevent unintentional Han. Macha Geaffrey
exposure to pathogens and toxins or their accidental Han. Mafabi Ishma
release to society. Han. Mayaga Florence
Han. Mutebi DRannie
CONCLUSION
Han. Mutanyi Rase
In conclusion, Rt. Hon. Speaker and Hon. Members, on a
Han. Mwine Mpaka
global perspective, the biggest challenges are how to adapt the
Han. Nakate Lillian
production of food in view of the climate changes; and how to
develop further the role of agricultural biotechnology in Han. Namujju Cissy D

combatting the global challenge. Crop varieties that are more Han. Ngabirana Charles
resilient to drought, flooding, saline or acid soils and Han. Nyakecha Annet
temperature extremes resulting from climate change may be Han. Obua D. Hamson
needed, and adaptation-related technologies, including Han. Oguzu Lee Denis
biotechnology, may play their part. Several GMO crops with Han. Sabiiti Denis
these traits are already being researched on in Uganda and Han. Sematimba Peter
are in advanced stages. The enactment of an enabling law will Han. Ssemmuli Anthany "---,,,
therefore enhance the safe development of modern
Han. Timuziga Micheal
biotechnology.
Han. Waira Majegere
Han. Waluswaka James ----...r __
Rt. Hon. Speaker I beg to move that the Report be adopted.

Page 27

" .

i
REPORT OF THE COiViM1TTEE ON SOENCE ;\ND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 20!2

PROPOSED AMENDMENTS TO THE NATIONAL MEMBER SIGNATURE


BIOTECHNOLOGY AND BIOSAFETY BILL, 2012 Han. Kafeero Ssekitaleko ..
Han. Bwino Kyakulaga
Short Title Hon. Abacanon Angiro G 1-f::2~~rt~~
Amend the short title to read as follows; Hon. Amule Doreen
"The National Biosafety Act".
Hon. Anywarach Joshua
Hon. Atuhaire Jacklet
Justification:
Hon. Awor Betty Engola

To ensure safety and regulation of modem biotechnology Hon. Babirye Kabanda


and its products. Han. Biyika Lawrence
Hon. Burundo Alex
CLAUSE 1 Application. Han. Elotu Cosrnes
Clause 1(1) Han. Gafabusa Richard
Rephrase sub-clause (1) to read as follows: Han. Kahunde Hellen
"This Act applies to the use of modem biotechnology} Hon. Kamusiime
research} safe development} application and general release Innocent
of GMO products." Hon. Katusabe Atkins
Hon. Macho Geoffrey
Justification Han. Mafabi Ishma
To provide a wider application and scope of coverage of the Hon. Mayoga Florence
Bill. Han. Mutebi D Ronnie
Han. Mutonyi Rose
Clause 1 (2)
Han. Mwine Mpaka
Substitute for the words "qeneticallu modified
Han. Nakate Lillian
appearing in lines one and two, the words
manufactured using modem biotechnoloqu." Han. Namujju Cissy D
Han. Ngabirano Charles
Justification Han. Nyakecho Annet
To ensure proper use of the phrase Han. Obua D. Hamson
Han. Oguzu Lee Denis
CLAUSE 2 Objectives of the Act. Hon. Sabiiti Denis
Rephrase the entire clause to read as follows: Hon. Sematimba Peter
Hon. Ssemmuli Anthony
The Objectives of this Act are-
Hon. Timuziga Micheal
I. To regulate the research} development} application and
Han. Waira Majegere
use of modem biotechnology and its products;
ii. To provide for the establishment of procedures for bio- Han. Waluswaka James

ethical considerations in modem biotechnology research;


HI. To create and strengthen consumer protection} public
awareness of and participation in modem biotechnology;
IV. To regulate development and application of modem
biotechnology to ensure sustainable use of biological

Page 28
REPORT OF THE: COMMITTEE: ON SCIENCE: AND TECHNOL.OGY ON TIIE: NATIONAL. BIOTECHNOL.OGY AND
BIOSAFETY BILL, 20! 2.

diversity, taking into account risks to human health, MEMBER SIGNATURE


safety during trans-boundary movements, food security, Han. Kafeero Ssekitaleka ..
and industrialization; Han. Bwina Kyakulaga
v. To build capacity in modem biotechnology research, Han. Abacanan Angir G
development, innovation and regulation; Han. Amule Dareen
VI. To regulate technology transfer and ensure equitable
Han. Anywarach Joshua
benefit-sharing in the development and use of modem
Han. Atuhaire Jacklet
biotechnology and its products;
VII. To build strong institutional relationships among modem Han. Awor Betty Engala

biotechnology and biotechnology stakeholders. Han. Babirye Kabanda


Han. Biyika Lawrence
Justification Han. Burunda Alex
To harmonize the objectives of the Bill with the subject Han. Elatu Cosrnss
matter of the Bill, to legislate in accordance with the Han. Gafabusa Richard ---I--:":":":"':":-:-II1I~~
requirements of the Cartagena Protocol on Biosafety, to Han. Kahunde Hellen
involve the public in the modem biotechnology development Han. Kamusiime
and strengthen consumer protection. Innacent
Han. Katusabe Atkins
CLAUSE 3 Interpretation Han. Macha Geaffrey
Interpretation of "biosafety". Han. Mafabi Ishma
Insert the word 'modem' between the words "of' and Han. Mayaga Flarence
"biotechnology" appearing in line two. Han. Mutebi D Rannie
Han. Mutanyi Rase
Justification
Han. Mwine Mpaka
To restrict the application of the phrase to modem
Han. Nakate Lillian
biotechnology only.
Han. Namujju Cissy D

Interpretation of "biotechnology." Han. Ngabirana Charles


Delete the interpretation of the word "biotechnology." Han. Nyakecha Annet
Han. Obua D. Hamson
Justification Han. Oguzu Lee Denis
To limit the Bill to modem biotechnology only. Han. Sabiiti Denis
Han. Sematimba Peter
Insert the following words for interpretation Han. Ssemmuli Anthany I-~~!s;~~.
Han. Timuziga Micheal
"contained use" means any activity in which products of
Han. Waira Majegere
genetic modification or genetic engineering processes are
cultured, stored, used, transported, destroyed or disposed of, Han. Waluswaka James

and for which a physical barrier or a combination of physical


barriers together with chemical or biological barriers or both
are used to limit contact thereof with the environment

Page 29
REPORT OF lliE COMMiTTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BiOTECHNOLOGY AND

BIOSAfETY BILL, 20! 2

Justification MEMBER SIGNATURE


The definition is important for the research process. While Han. Kafeero Ssekitaleka
biotechnology products have to be tested as provided for in Han. Bwina Kyakulaga
the Bill, the same products need contained usage as part of Han. Abacanan Angira G
research or normal usage of the products. There is need to Han. Amule Doreen
provide for contained usage of GMO products, as a step after
Han. Anywarach Joshua
contained testing and part of the necessary procedures.
Han. Atuhaire Jacklet

"genetically modified product" means a product made from Han. Awar Betty Engala

or containing a GMO material or materials whether Han. Babirye Kabanda


manufactured, processed or otherwise created; Han. Biyika Lawrence
Han. Burunda Alex
"inspector" means a person appointed under section 34 of Han. Elatu Casm~s
this Act; Han. Gafabusa Richard
Han. Kahunde Hellen
"person" includes a company or association or body of Han. Kamusiime
persons corporate or unincorporated; Innocent
Han. Katusabe Atkins
Justification Han. Macho Geoffrey
For clarity. Han. Mafabi Ishma
Han. Mayaga Florence
CLAUSE 4 Designation of National Focal Point. Han. Mutebi D Ronnie
Substitute for the words "the environment" appearing in line Han. Mutanyi Rose
one, the words "science, technology and innovation".
Han. Mwine Mpaka
Han. Nakate Lillian
Justification
To provide for the focal point to be housed in the Ministry Han. Namujju Cissy D

responsible for science, technology and innovation because Han. Ngabirana Charles
designating the Ministry responsible for environment as Han. Nyakecha Annet
proposed in the Bill was relevant at the time when there was Han. Obua D. Hamson
no Ministry responsible for science and technology. Han. Oguzu Lee Denis
Han. Sabiiti Denis
CLAUSE 6 Competent Authority Han. Sematimba Peter
Substitute for clause 6 the following; Han. Ssemmuli Anthony
1. There is established within the Ministry of Science,
Han. Timuziga Micheal
Technology and Innovation, a Directorate responsible
Han. Waira Majegere
for biosafety, for purposes of implementing this Act.
Han. Waluswaka James

2. The Directorate shall consist of staff appointed by the


Public Service Commission to carry out the functions
of the Competent Authority and they shall be
proffessionals in modern biotechnology and biosafety.

Page 30
REPORT OF TlIF COMM!TTEE ON SCIENCE AND TFCHNOL..OGY ON THE NATIONAL.. BIOTECHNOL.OGY AND
BIOSAFETY BILL, 20! 2

3. The Directorate shall be headed by a director who MEMBER SIGNATURE


shall act as the secretary to the National Biosafety Hon. Kafeero Ssekitoleko
Committee. Hon. Bwino Kyakulaga
Hon. Abacanon Angiro G
Justification
Hon. Amule Doreen
There should be a separate body from the Uganda National
Hon. AnywarachJoshua
Council for Science and Technology (UNCST) to regulate
Hon. Atuhaire Jacklet
GMOs in the country since UNCST is a promoter of science
and technology in Uganda. Hon. Awor Betty Engola
Hon. Babirye Kabanda
CLAUSE 7 Functions of The Competent Authority. Hon. Biyika Lawrence
Clause 7 (1) (a) Hon. Burundo Alex
Hon. Elotu Cos~
Insert the word "research:' immediately before the word Hon. Gafabusa Richard
"development" appearing in line one. Hon. Kahunde Hellen
Hon. Kamusiime
Justification Innocent
To include research for approval by the Competent Hon. Katusabe Atkins
Authority. Hon. Macho Geoffrey
Hon. Mafabi Ishma
Clause 7 (1) (b) Hon. Mayoga Florence
Substitute for the word 'biotechnology' appearing in line one, Hon. Mutebi DRonnie
the phrase "modem biotechnology", and wherever it appears
Hon. Mutonyi Rose
in the Bill'.
Hon. Mwine Mpaka
Hon. Nakate Lillian
Justification
For specificity. Hon. Namujju Cissy D
Hon. Ngabirano Charles
Clause 7 (1) (c) Hon. Nyakecho Annet
Insert the word "research:' between the words 'during' and Hon. Obua D. Hamson
'development' appearing in line two. Hon. Oguzu Lee Denis
Hon. Sabiiti Denis
Justification Hon. Sematimba Peter
To broaden the provision to cater for research. Hon. Ssemmuli Anthony
Hon. Timuziga Micheal
Clause 7 (1) (d)
Hon. Waira Majegere
Rephrase the entire paragraph as follows:
"(d) to consider and ensure enforcement of necessary Hon. Waluswaka James

measures to avoid adverse effects on the environment,


biological diversity, human health and on socio-economic
conditions arising from modern biotechnology and its
products; "

Page 31
REPORT OF Tt-1E COMMIT"TEE ON S(]ENCE AND "fECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 2012

Justification MEMBER
To broaden the provision to include enforcement. Han. Kafeero Ssekitaleka
Han. Bwina Kyakulaga
Clause 7 (1) (f) Han, Abacanan Angiro
Delete the word 'standards' appearing in line one.
Han. Amule Doreen:
Han. Anywarach Joshua
Justification
Han. Atuhaire Jacklet
A separate provision on standards has been introduced.
Han. Awar Betty Engala
Insertion of new paragraph Han. Babirye Kabanda
Insert a new paragraph immediately after paragraph (f) to Han. Biyika Lawrence
read as follows: Han. Burunda Alex
"to liaise with the appropriate government agencies to Han. Elatu Casrnt.1'#3
prescribe the standards for regulating modem Han. Gafabusa Richard
biotechnology and its products" Han. Kahunde Hellen
Han. Kamusiime
Justification Innacent
To provide for the involvement of other government agencies Han. Katusabe Atkins
responsible for standards. Han. Macha Geaffrey
Han. Mafabi Ishma
Clause 7 (1) (i) Han. Mayaga Florence
Insert the words "create and" between the words to and Han. Mutebi DRannie
promote appearing in line one. Han. Mutanyi Rase
Han. Mwine Mpaka
Justification
Han. Nakate Lillian
To provide for creation of awareness
Han. Namujju Cissy D
Insertion of new paragraphs Han. Ngabirana Charles
Insert the following new paragraphs immediately after Han. Nyakecha Annet
paragraph (g)- Han. Obua D. Hamson
Han. Oguzu Lee Denis
to receive and screen completeness of GMO Han. Sabiiti Denis
applications; Han. Sematimba Peter
to register all research institutions required to be Han. Ssemmuli Anthany'-....~~
registered under this Act; Han, Timuziga Micheal
to keep a register of institutional biosafety Han. Waira Majegere
committees;
Han. Waluswaka James
to prepare and issue certificates, permits and
advance informed agreements;
to inspect and monitor any person or activity
authorized or approved under this Act;

Page 32.
REPORT OF THE COMMITTEE ON SCIENCE AND TFCHNOI....OGY ON THE I'IATIONAL. BIOTECHNOL.OGY AND
BIOSAFETY BILL. 20 I 2

MEMBER SIGNATURE
Justification Han. Kafeero Ssekitaleka
To broaden the functions of the Competent Authority Han. Bwina Kyakulaga
since the clause that provided for the office of the Han. Abacanan Angiro
registrar has been deleted from the Bill. Han. Amule Doreen
Han. Anywarach Jashua
Clause 7 (2) (a)
Han. Atuhaire Jacklet
Delete the expression 'or any other person' appearing in line
one. Han. Awar Betty Engala
Han. Babirye Kabanda
Justification Han. Biyika Lawrence
To avoid abuse. Han. Burunda Alex
Han. Elatu Casmqs
Clause 9 Establishment Of The National Biosafety Han. Gafabusa Richard
Committee Han. Kahunde Hellen
Clause 9 (2) Han. Kamusiime
Substitute for sub-clause (2) the following: Innacent
The National Biosafety Committee shall consist of the Han. Katusabe Atkins
following- Han. Macha Geaffrey
i. five persons with atleast ten years experience from any of Han. Mafabi Ishma
the following fields;breeding and genetics, agronomy, Han. Mayaga Florence
pathology, molecular biology, food science, toxicology, Han. Mutebi D Rannie
ecology, microbiology, pharmacology, soil science,
Han. Mutanyi Rase
industrial chemistry;
Han. Mwine Mpaka
11. a representative of the academia from any public
Han. Nakate Lillian
university;
111. a lawyer nominated by the Uganda Law Society; Han. Namujju Cissy D

IV. a representative of the Uganda National Council for Han. Ngabirana Charles
Science and Technology; Han. Nyakecha Annet
v. a representative of farmers nominated by a nationally Han. Obua D. Hamsan
recognised farmers' umbrella association; Han. Oguzu Lee Denis
b. a representative of the Uganda National Bureau of Han. Sabiiti Denis
Standards with experience and knowledge of standards Han. Sematimba Peter
of modern biotechnology and its products; and Han. Ssemmuli Anthany
1. any other relevant modern biotechnology fields as may be
Han. Timuziga Micheal
recommended by the Competent Authority from time to
Han. Waira Majegere
time.
Han. Waluswaka James

Justification
To provide for a technical National Biosafety Committee.

Clause 9 (3)
Delete the words "chairperson and" appearing in line one.

Page 33
REPORT OF THE CO",1MiTTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL B!OTECHNOLOGY AND

BIOSAfETY siu, 2012

MEMBER SIGNATURE
Justification Han. Kafeero Ssekitaleka
Consequential amendment arising from the amendment of Han. Bwina Kyakulaga
sub-clause (2) Han. Abacanan Angiro
Han. Amule Doreen
Insertion of a new sub-clause
Han. Anywarach Joshua
Insert a new sub-clause immediately after sub-clause (3) as
Han. Atuhaire Jacklet
follows-
"The members of the committee shall elect a chairperson Han. Awar Betty Engala

from among members ofthe committee appointed under sub- Han. Babirye Kabanda
section (2) (a).}) Han. Biyika Lawrence
Han. Burunda Alex
Justification Han. Elatu CasmOQ
To provide for the election ofa chairperson ofthe Committee. Han. Gafabusa Richard
Han. Kahunde Hellen
Clause 9 (7) Han. Kamusiime
Insert the words "within sixty days" immediately after the Innocent
word "person" appearing in line two. Han. Katusabe Atkins
Han. Macho Geoffrey
Justification Han. Mafabi Ishma
To ensure efficiency. Han. Mayaga Florence
Han. Mutebi DRonnie
Insertion of a new sub-clause Han. Mutanyi Rose
Insert a new sub- clause immediately after sub-clause (7) as
Han. Mwine Mpaka
follows:
Han. Nakate Lillian
"The chairperson of the committee shall lose his or her seat
when he or she ceases to be a member of the committee or Han. Namujju Cissy D

where a vote of no confidence is passed against him or her Han. Ngabirana Charles
by the members of the committee." Han. Nyakecha Annet
Han. Obua D. Hamson
Justification Han. Oguzu Lee Denis
To provide for circumstances under which a chairperson Han. Sabiiti Denis
loses his or her seat. Han. Sematimba Peter
Han. Ssemmuli Anthony
Clause 9(8)
Han. Timuziga Micheal ~W~~~
Substitute for the words "on recommendation of the
Han. Waira Majegere
Competent Authority" appearing in line two} the words "in
consultation with the Minister responsible for finance'. Han. Waluswaka James

Justification
To provide for the involvement of the Minister responsible for
finance in determining the remuneration of the members of
the committee.

Page 34
REPORT OF THE COMMITTEE ON SCIENCE AND TFCHt-..JOI....OGY ON THE NATIONAL. BIOTECHNOL.OGY AND
BIOSAFETY BILL, 2012

CLAUSE 12 Registrar of biotechnology and MEMBER


biosafety. Han. Kafeero Ssekitaleka
Delete the entire clause. Han. Bwina Kyakulaga
Han. Abacanan Angiro
Justification
Han. Amule Doreen
Consequential amendment arising from the amendment of
Han. Anywarach Joshua
clause 6.
Han. Atuhaire Jacklet

CLAUSE 13 Functions of a Registrar Han. Awor Betty Engala


Delete the entire clause. Han. Babirye Kabanda
Han. Biyika Lawrence
Justification Han. Burunda Alex
Consequential amendment arising from the amendment of Han. Elatu Casm~
clause 12. Han. Gafabusa Richard
Han. Kahunde Hellen
CLAUSE 16 Stages of Research. Han. Kamusiime
Clause 16(2)b) Innocent
Delete the word 'and' appearing after the word testing. Han. Katusabe Atkins
Han. Macho Geoffrey
Justification Han. Mafabi Ishma
For continuity of the provision Han. Mayaga Florence
Han. Mutebi D Ronnie
Insertion of a new paragraph
Han. Mutanyi Rose
Insert immediately after paragraph (c) the following:
Han. Mwine Mpaka
"Contained use"
Han. Nakate Lillian

Justification Han. Namujju Cissy D

To provide for contained use as a stage of Gmo research and Han. Ngabirana Charles
development. Han. Nyakecha Annet
Han. Obua D. Hamson
CLAUSE 17 Approval for each stage of research Han. Oguzu Lee Denis
Clause 17 fa} Han. Sabiiti Denis
Insert immediately after the word 'from' appearing in line one, Han. Sematimba Peter
the words "the competent Authority throuqb" Han. Ssemmuli Anthony
Justification
Han. Timuziga Micheal
To ensure the involvement of the Competent Authority in the
Han. Waira Majegere
approval of laboratory experiements.
Han. Waluswaka James

Clause 17 (b) (i)


Insert immediately after the word 'from' appearing in line two
the words "the competent Authority throuqli',

Page 35
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY B!LL, 2012

Justification MEMBER SIGNATURE


To ensure the involvement of the Competent Authority in the
approval of laboratory experiements. Han. Bwina Kyakulaga
Han. Abacanan Ang'
Insertion of two new paragraphs
Han. Amule Dareen
Insert two new paragraphs under clause 17 as follows-
Han. Anywarach Joshua
Han. Atuhaire Jacklet
"in. case of contained use) from the competent Auihoritu"
Han. Awar Betty Engola

"iri case of social environmental impact assessment from the Han. Babirye Kabanda
National Environment Management Authority." Han. Biyika Lawrence
Han. Burunda Alex
Justification Han. Elatu Cosmos
To provide for socio-environmental impact assessment Han. Gafabusa Richard
report to be presented before approval to grant research can Han. Kahunde Hellen
be given Han. Kamusiime
Innacent
Insertion of a new sub clause Han. Katusabe Atkins
Insert a new sub-clause under clause 7 as follows: Han. Macho Geaffrey
"The Competent Authority shall) before the approval of any Han. Mafabi Ishma
stage of research} ensure that an indigenous seed variety is Han. Mayaga Flarence
preserved in the National Gene Bank. }} Han. Mutebi D Rannie
Han. Mutanyi Rase
Justification
Han. Mwine Mpaka
To provide for safe keeping and securing of indegeneous seed
Han. Nakate Lillian
varieties.
Han. Namujju Cissy D

CLAUSE 18. Approval of export, import or transit of a Han. Ngabirana Charles


GMO Han. Nyakecha Annet
Clause 18 (2) Han. Obua D. Hamsan
Substitute for the entire sub-clause, the following- Han. Oguzu Lee Denis
"A person who contravenes this section commits an offence and Han. Sabiiti Denis
is liable upon convinction to a fine not exceeding two hundred Han. Sematimba Peter
and forty currency points or imprisonment not exceeding ten' Han. Ssemmuli Anthany
years lfj21ffi@or both.
Han. Timuziga Micheal
Han. Waira Majegere
Justification
To make the provision more deterrent. Han. Waluswaka James

CLAUSE 19 Laboratory Experiment


Insertion of new sub-clause
Insert a new sub-clause immediately after sub-clause (1) to
read as follows:

Page 36
REPORT OF TI-H: COMMITTEE ON SCIENCE AND TECHNOL.OGY ON THE NATIONAL. B10TFCHNOL.OGY AND
BIOSAFETY BILL, 2012

(2) A person who ISnot attached to any research MEMBER SIGNATURE ~

institution, and wishes to engage In a GMO laboratory Han. Kafeero Ssekitaleka (~ .


experiment shall before commencing research, notify an Han. Swina Kyakulaga
\
~~
~~ .01' _ _

institutional biosafety committee of his/ her choice". Han. Abacanan Angiro G l':';;~~ .-..\ ......
() ~

Han. Amule Doreen'kIJ.A ~ ......tI""'''~ '\r"};''''


Justification
Han. Anywarach Joshua ...... :.;.:, .
To create an avenue for private scientists to carry out
research Han. Atuhaire Jacklet . tzth~ ......
Han. Awor Setty Engala I~.g~
~
.
....
Clause 19 (3), (4) and (5)
Insertion of two new sub-clauses
Han. Sabirye Kabanda
Han. Siyika Lawrence
~
~ .
..
..:..
Insert two new sub-clauses immediately after sub-clause 3 to Han. SurundoAlex ~~.~.j~ ~.
read as follows: Han. Eta!" Cos~ ~ .
"(4) The Competent Authority shall upon receipt of the Han. Gafabusa Richard <1--:.:....... :-~.. ~~ ..
notification, publish the notification in a news paper of wide Han. Kahunde Hellen
.LJB'5I. J
. 1:) ..
circulation requesting for public views. " Han. Kamusiime fA ~~
Innacent . . . d~ fIr-' ~..

Justification Han. Katusabe Atkins ~ ..


To enhance public participation in the development of \(!.~"r
Han. Macho Geoffrey ....... ,~~.'";- ...
modem biotechnology Han. Mafabi Ishma
<-J fl' .
Han. Mayaga Florence ..... ~~::.:- .....
"(5) The public shall send their written views to the Competent Han. Mutebi DRannie ~ , .
Authority within a period not exceeding fourteen days from the ~ fc~
Han. Mutanyi Rose ,.......,. :.; '1-"",
time ofpublication of the notice.
Han. Mwine Mpaka
Han. Nakate Lillian
Justification
To provide a time frame within which the public shall Hon. Namujju Cissy D
respond to the published notification. Hon. Ngabirano Charles . .;...:. ..
Hon. Nyakecho Annet I~"'~'" " .
, \l~
Rephrase and re-number sub-clauses (3), (4) and (5) to read Han. Obua D. Hamson ..."",." r:.-I'OJ' .~ ...

as follows: Hon. Oguzu Lee Denis .n .. ~


(7) The institutional biosafety committee shall within seven Han. Sabiiti Denis I~Z.~ .
I~'
days after receipt of the notification under subsection (1) Han. Sematimba Peter l-:-='~1"l'! .~.,. .
or (2), notify the Competent Authority of the application. Han. Ssemmuli Anthony;~ /' ~ ..
Han. Timuziga Micheal I~ ~ .~
(8) The Competent Authority shall within thirty days after
Han. Waira Majegere ......... ~~:
receipt ofthe notice in subsection (3) give directions to the
institutional biosafety committee regarding the Han. Waluswaka James .~~ ~ ...~.....
notification for research. :5

(9) The institutional biosafety committee shall within twenty


one working days of receiving the directions, respond to
the person who notified the institutional biosafety

Page 37
REPORT OF T~-1E COMM1T"rEE ON SCiENCE AND TECHNOLOGY ON THE NATIO!'JAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 20! 2

committee under subsection [L}, informinq the person MEMBER


whether to proceed or not to proceed with the experiment. Han. Kafeero Ssekitaleka
Han. Bwino Kyakulaga
Justification Han. Abacanon Angiro G
For proper chronological order.
Han. Amule Dareen
Han. Anywarach Joshua
Clause 19 (6)
Han. Atuhaire Jacklet
Insert the word 'biosafety' between the words 'institutional'
and 'committee' appearing in line one of sub-clause (6) and Han. Awor Betty Engala
renumber the sub-clause as (8). Han. Babirye Kabanda
Han. Biyika Lawrence
Justification Han. Burunda Alex
For consistence with its usage in the Bill. Han. Elatu Casmc.t;
Han. Gafabusa Richa
Clause 19 (7) Han. Kahunde Hellen
Substitute for the words "the institutional biosafety committee Han. Kamusiime
shall be taken to have approved the experiment' appearing in Innocent
line three of sub-clause (7) with the words "the person shall Han. Katusabe Atkins
apply directly to the competent Authority" and renumber the Han. Macho Geaffrey
sub-clause as (9). Han. Mafabi Ishma
Han. Mayaga Florence
Justification Han. Mutebi D Rannie
To avoid abuse. Han. Mutonyi Rase
Han. Mwine Mpaka
Insertion of a new sub-clause
Han. Nakate Lillian
Insert a new paragraph to read as follows:
The public shall send their written views to the Competent Han. Namujju Cissy D

Authority within a period not exceeding fourteen days from Han. Ngabirana Charles
the time of publication of the notice Han. Nyakecha Annet
Han. Obua D. Hamsan
Justification Han. Oguzu Lee Denis
To provide a time frame within which the public shall Han. Sabiiti Denis
respond to the published notification Han. Sematimba Peter
Han. Ssemmuli Anthany
CLAUSE 20 Application for Approval to conduct
Han. Timuziga Micheal
Contained Testing of a Gmo
Han. Waira Majegere
Clause 20 (1)
Insert immediately before the word 'institutional' appearing in Han. Waluswaka James

line three the words "the Competent Authority throuqb",

Justification
To ensure involvement of the Competent Authority in the
process of approval.

Page 38
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOL.OGY ON THE NATIONAL. BIOTECHNOLOGY AND
BIOSAFETY BILL, 2012

MEMBER
Clause 20 (7) Han. Kafeero Ssekitaleka
Substitute for the words "the committee shall be taken to Han. Bwina Kyakulaga
have approved the contained tesing" with the words "the Han. Abacanan Angiro G ~:il~ililfiF.:~ I
person shall apply to the Competent Authority" Han. Amule Doreen
Han. Anywarach Jashua
Justification
Han. Atuhaire Jacklet
To ensure involvement of the Competent Authority In the
approval process. Han. Awar Betty Engala
Han. Babirye Kabanda
CLAUSE 22 Application for Approval for General Release Han. Biyika Lawrence
ofa Gmo Han. Burunda Alex
Clause 22 (3) (b) Han. Elatu Casmf(s
Insert the words "a newspaper of wide circulation" Han. Gafabusa Richar
immediately after the word 'Gazette' appearing in line one. Han. Kahunde Hellen
Han. Kamusiime
Justification Innacent
To ensure that the public receives sufficient notice. Han. Katusabe Atkins
Clause 22 (4) Han. Macha Geaffrey
Rephrase sub-clause (4) to read as follows: Han. Mafabi Ishma
"A ministry or agency of Government to which a notice is sent Han. Mayaga Florence
under subsection (3) or any other person shall, within forty-five Han. Mutebi DRannie
days from the receipt of the notice or date of publication of the Han. Mutanyi Rase
notice, make a presentation to the Competent Authority in
Han. Mwine Mpaka
respect of the application.
Han. Nakate Lillian

Justification Han. Namujju Cissy D

To make the provision mandatory and to provide for more Han. Ngabirano Charles
time within which the agency or ministry should make a Han. Nyakecho Annet
presentation. Han. Obua D. Hamson
Han. Oguzu Lee Denis
Clause 23 Application for import, transit or export Han. Sabiiti Denis
ofa Gmo Han. Sematimba Peter
Clause 23 (2) (b) Han. Ssemmuli Anthany
Insert a new sub-paragraph immediately after sub-paragraph
Han. Timuziga Micheal
(iii) to read as follows-
Han. Waira Majegere
"A report from a relevant government ministry, department or
agency indicating that the product intended for import is Han. Waluswaka James ,

necessary for use in Uganda; and that there is no alternative


non-GMO material or product readily auailable."

Justification
To protect the country from dumping of Gmos and Gmo
products.

Page 39
REPORT OF THE COMVWrrE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL. 2012

MEMBER SIGNATURE
CLAUSE 24 Review of Applications by National Biosafety
Committee Han. Bwina Kyakulaga
Clause 24 (2) (b) Han. Abacanan Angiro G
Substitute for the words 'two hundred and seventy', the Han. Amule Dareen
words 'one hundred and twenty'.
Han. Anywarach Joshua
Han. Atuhaire Jacklet
Justification
To reduce the time within which to consider an application Han. Awar Betty Engala

for general release of a GMO. Han. Babirye Kabanda


Han. Biyika Lawrence
Clause 24 (3) (a) Han. Burunda Alex
New insertion Han. Elotu Casrrv:ls
Insert two new sub-clauses immediately after sub-clause (3) Han. Gafabusa Richard _...,..,.,..,..,~
to read as follows: Han. Kahunde Hellen
"4. The National Biosafety Committee may request for more Hon. Kamusiime
time within which to review the application from the competent Innacent
Authority; and where approved) the applicant shall be notified Hon. Katusabe Atkins
accordingly by the committee." Han. Macho Geoffrey
Han. Mafabi Ishma
((5. The Competent Authority may extend the period requested Hon. Mayaga Florence
for in sub paragraph 3 (i) for period not exceeding 14 working Han. Mutebi D Ronnie
days. " Hon. Mutonyi Rose
Han. Mwine Mpaka
Justification:
Han. Nakate Lillian
Review of application for imports requires more time to avoid
dangerous materials from being brouqhiinio the country. Han. Namujju Cissy D
Hon. Ngabirano Charles
CLAUSE 25 Expedited Review of Applications Hon. Nyakecho Annet
Delete the entire clause. Han. Obua D. Hamson
Han. Oguzu Lee Denis
Justification Han. Sabiiti Denis
To avoid manipulation of the applications review process. Han. Sematimba Peter
Han. Ssemmuli AnthonlCl~~~--
CLAUSE 26 Conditional Approval
Han. Timuziga Micheal
Delete the entire provision.
Hon. Waira Majegere

Justification Hon. Waluswaka James

To avoid abuse of the approval process

CLAUSE 28 Order to stop Gmo activities.


Substitute for clause 28 the following;

Page 40
_
-
_
IiiiiiiIIi!_ _ =-=_Ii;]IiiIiiiiiiiili!liiiliiiiiO _ _;;;;;;;;;;;;;iiiiiiiiii =- IiiIlii!ii
:
'
U
i
i
i
i
i
i
O
i
i
i
i
i
i
i
i
i
i
i
i
O
i
i
i
i
i
_
~
~
~
~
REPORT OF NrHE COMMITTEE ON SCIENCE AND TECHNOL.OGY ON THE NAT!ONAL.. BIOTECHNOLOGY AND
BIOSAFETY BILL. 20! 2

"Order to stop a GMO activity or destroy a GMO MEMBER SIGNATURE


(1) The Competent Authority may, in addition to stopping a Han. Kafeero Ssekitaleka
GMO activity, order for the confiscation or destruction of a GMO Han. Bwina Kyakulaga
or a GMO product where - Han. Abacanan Angiro
a) human or environmental safety is compromised Han. Amule Doreen
b) a person is conducting a GMO activity without or beyond
Han. Anywarach Joshua
approval; or
Han. Atuhaire Jacklet
c) additional scientific or technical information relating to
the adverse effect of the GMO activity, GMO or GMO Han. Awar Betty Engala

product has become available Han. Babirye Kabanda


(2) A person carrying out a GMO activity shall bear the cost of Han. Biyika Lawrence
stopping the GMO activity, destroying a GMO or a GMO product Han. Burunda Alex
under this section. Han. Elatu CasrTlQs
Han. Gafabusa Richard
Justification Han. Kahunde Hellen
To provide for the destruction of GMO and the responsibility Han. Kamusiime
of the cost of destroying a GMO. Innocent
Han. Katusabe Atkins
Insertion of a new clause Han. Macho Geoffrey
Insert a new clause immediately after clause 28 as follows: Han. Mafabi Ishma
"Labelling of a GMO or a GMO product Han. Mayaga Florence
(1) A person involved in the research, development, general Han. Mutebi DRonnie
release, importation, transit, exportation of a GMO or a Han. Mutanyi Rose
GMO product shall ensure that the GMO or GMO product
Han. Mwine Mpaka
is conspicuously labelled inconformity with any
Han. Nakate Lillian
regulation made by the minister
Han. Namujju Cissy D

(2) A place where an activity involving a GMO or a GMO Han. Ngabirana Charles
product is carried out shall be conspicuously labelled by Han. Nyakecha Annet
the applicant or person to whom approval is given to Han. Obua D. Hamson
carry out a GMO activity, indicating the activity being Han. Oguzu Lee Denis
carried out. Han. Sabiiti Denis
Han. Sematimba Peter
(3) A person who contravenes this section commits an Han. Ssemmuli Anthony.
offence and shall upon conviction be liable to a fine not
Han. Timuziga Micheal
exceeding one thousand currency points or six years of
Han. Waira Majegere
imprisonment or both."
Han. Waluswaka James

Justification
To provide for labelling.

Page 41
REPORT OF THE COMMiTTEE ON SCIENCE AND TECHNOLOGY ON THE NATiONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 20 l2

CLAUSE 30 Unintentional release and emergency MEMBER SIGNATURE


measures Han. Kafeero Ssekitaleka
Clause 30 (2) Han. Bwina Kyakulaga
Insert the words "in writing" immediately after the word Han. Abacanan Angiro G
"Authority" appearing in line three. Han. Amule Doreen
Han. Anywarach Joshua
Justification
Han. Atuhaire Jacklet
To provide a formal way of informing the Competent
Authority about unintentional release. Han. Awar Betty Engala
Han. Babirye Kabanda
Han. Biyika Lawrence
Han. Burunda Alex
Insertion of a new sub-clause Han. Elatu Cas~
Insert a new sub-clause immediately after sub clause (2) to Han. Gafabusa Richar
read as follows: Han. Kahunde Hellen
"The applicant shall take appropriate measures to migitate the Han. Kamusiime
risks arising out of the unintentional release of a GMO. JJ Innocent
Han. Katusabe Atkins
Justification Han. Macho Geoffrey
To ensure that the applicant takes precautionary measures Han. Mafabi Ishma
to alleviate an unintentional release of a GMO. Han. Mayaga Florence
Han. Mutebi DRonnie
Clause 30 (3) Han. Mutanyi Rose
Rephrase sub clause (3) as follows:
Han. Mwine Mpaka
Han. Nakate Lillian
The Competent Authority shall ensure that appropriate
measures are taken by the applicant or a person to whom Han. Namujju Cissy D

approval is given under this act to mitigate the risk arising Han. Ngabirana Charles
out of the unintentional release of a GMO within twenty four Han. Nyakecha Annet
hours upon receipt of this information. Han. Obua D. Hamson
Han. Oguzu Lee Denis
Justification Han. Sabiiti Denis
To ensure that mitigation measures are taken as soon as the Han. Sematimba Peter
unintentional release happens. Han. Ssemmuli Anthony
Han. Timuziga Micheal
Insertion of three new sub-clauses
Han. Waira Majegere
Insert three new sub-clauses immediately after sub-clause (3)
Han. Waluswaka James
as follows-
((4. For purposes of this section) an application for approval
under this Act shall be accompanied by evidence of
availability of mitigation funds in case of unintentional
release. }}

Page 42
REPORT OF TI""lE COMM!TTEE ON SCIENCE AND TECHNOL"OGY ON THE NAT!ONAL. BIOTECHNOLOGY AND
BIOSAFETY BILL, 20! 2

((5. The applicant or person to whom approval is given shall MEMBER SIGNATURE
bear the cost of mitigation under this provision. ))
Han. Bwina Kyakulaga
((6. A person who contravenes this section commits an Han. Abacanan Angiro G
offence and shall upon conviction be liable to a fine not Han. Amule Doreen
exceeding one thousand Currency Points or six (6) years
Han. Anywarach Joshua
imprisonment or both.
Han. Atuhaire Jacklet
Justification
To oblige the person who is carrying out a Gmo related Han. Awor Betty Engala

activity to make good the damage caused under Han. Babirye Kabanda
unintentional release. Han. Biyika Lawrence
Han. Burunda Alex
CLAUSE 31 Restoration Order Han. Elatu Cosrres
Clause 31 (1) Han. Gafabusa Richard
Substitute for the word 'may' appearing in line one the word Han. Kahunde Hellen
'shall'. Han. Kamusiime
Innocent
Justification Han. Katusabe Atkins
To make the provision mandatory Han. Macho Geoffrey
Han. Mafabi Ishma
Clause 31 (2) (b) Han. Mayaga Florence
Delete the expression 'taken by an authorized person' Han. Mutebi D Ronnie
appearing in line four. Han. Mutanyi Rose
Han. Mwine Mpaka
Justification
Han. Nakate Lillian
To avoid ambiguity since the authorized person would be
working on behalf of the Authority. Han. Namujju Cissy D
Han. Ngabirana Charles
Insertion of a new sub clause Han. Nyakecha Annet
Insert a new sub-clause immediately after sub-clasue (2) to Han. Obua D. Hamson
read as follows: Han. Oguzu Lee Denis
Han. Sabiiti Denis
'A person who contravenes this section commits an offence and Han. Sematimba Peter
is liable upon conviction to a fine not exceeding one thousand Han. Ssemmuli Anthony
currency points or imprisonment not exceeding six years or
Han. Timuziga Micheal
both.'
Han. Waira Majegere
Han. Waluswaka James
Justification
To provide for a penalty

CLAUSE 32 Contents Of A Restoration Order


Clause 32 (c)
Delete the words 'or such further period as may be prescribed
in the Order' appearing in lines two and three.

Page 43
REPORT OF THE COMMITTEE ON SCiENCE AND TECHNOLOGY ON "rHE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 2012

MEMBER SIGNATURE
Justification Han. Kafeero Ssekitoleko
To prescribe strict a time line within which a restoration Hon. Bwino Kyakulaga
order shall be effected. Hon. Abacanon Angiro G
Hon. Amule Doreen
Clause 32 (d)
Han. Anywarach Joshua
Delete the paragraph
Hon. Atuhaire Jacklet

Justification Hon. Awor Betty Engola

It is redandunt Han. Babirye Kabanda


Han. Biyika Lawrence
Hon. Burunda Alex
CLAUSE 34 Appointment of Inspectors Han. Elotu Cos~
Clause 34 (1) Hon. Gafabusa Richar
Substitute for the word "may" the word "shall". Han. Kahunde Hellen
Han. Kamusiime
Justification Innocent
To make the provision mandatory. Hon. Katusabe Atkins
Han. Macho Geoffrey
CLAUSE 35 Powers of an Inspector Han. Mafabi Ishma
Clause 35 (1) Han. Mayoga Florence
Delete the expression 'subject to sub section (2)' appearing at Hon. Mutebi D Ronnie
the beginning of the provision. Han. Mutonyi Rose
Han. Mwine Mpaka
Justification
Han. Nakate Lillian
It is redundant.
Hon. Namujju Cissy D

Clause 35 (1) (a) Han. Ngabirano Charles


Insert the phrase 'Gmo material' between the words Han. Nyakecha Annet
'information' and "or" appearing in line two. Hon. Obua D. Hamson
Hon. Oguzu Lee Denis
Justification Han. Sabiiti Denis
To broaden the provision. Han. Sematimba Peter
Han. Ssemmuli Anthony
Clause 35 (3)
Han. Timuziga Micheal
Insert the phrase 'Gmo material' between the word
Han. Waira Majegere
'information' and 'document' appearing in line one.
Hon. Waluswaka James

Justification
To broaden the provision.

........'"
~:

Page 44
REPORT OF TI",{E COMMn"TEF. ON SCIENCE AND TECI,.. lNOL..OGY ON Tt"lF. NATlONAL. BIOTECHNOL..OGY AND
BIOSAFETY BILL, 20! 2

CLAUSE 37 Offences and Penalties MEMBER


Clause 37 (a)
Increase the currency points to 'two hundred and forty' and Han. Bwina Kyakulaga
the term of imprisonment to 'ten years'. Han. Abacanan Angiro G
Han. Amule Doreen-
Justification
Han. Anywarach Joshua
To make the provision more deterrent.
Han. Atuhaire Jacklet

Clause 37 (c) Han. Awor Betty Engala

Increase the currency points to 'ninety six' and the term of Han. Babirye Kabanda
imprisonment to 'four years'. Han. Biyika Lawrence
Han. Burundo Alex
Justification Han. Elatu Cas~
To make the provision more deterrent. Han. Gafabusa Richard~~~
Clause 37 (e) Han. Kahunde Hellen
Increase the currency points to 'forty eight' and the term of Han. Kamusiime
imprisonment to 'two years'. Innacent
Han. Katusabe Atkins
Justification Han. Macha Geaffrey
To make the provision deterrent. Han. Mafabi Ishma
Han. Mayaga Flarence
Clause 37 (f) Han. Mutebi DRannie
Substitute for subclause (f) the following; Han. Mutanyi Rase
"uses a GMO to deliberately harm or injure the environment
Han. Mwine Mpaka
or human health commits an offence and is liable on
Han. Nakate Lillian
convinction to life imprisonment."
Han. Namujju Cissy D

Justification Han. Ngabirano Charles


To make the provision deterrent. Han. Nyakecho Annet
Han. Obua D. Hamsan
Clause 37 (g) Han. Oguzu Lee Denis
Reduce the currency points to twelve and the imprisonment Han. Sabiiti Denis
period to a period not exceeding six (6) months. Han. Sematimba Peter
Han. Ssemmuli Anthany
Clause 37 (h)
Han. Timuziga Micheal
Substitute for paragraph (h) the following;
Han. Waira Majegere
"{h} Introduces a terminator seed, or a gene that is genetically
modified or engineered to make any offspring of a crop sterile, Han. Waluswaka James

or unable to reproduce or uses genetic use restriction


technology; commits an offence and is liable on conviction to
a fine not exceeding five hundred currency points or
imprisonment not exceeding seven years or both.

Page 45
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON T!'''1E NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 20! 2

Justification MEMBER
To provide for a penalty against anyone who may introduce
a terminator gene. Han. Bwina Kyakulaga
Han. Abacanan Angiro G .j..S::ieJI~~h~
CLAUSE 38 Offences by a Corporate Body Han. Amule Dareen
Clause 38 (a)
Han. Anywarach Joshua
Substitute for the word 'and' appearing in the first line, the
Han. Atuhaire Jacklet
word 'or'.
Han. Awar Betty Engala

Justification Han. Babirye Kabanda


To ensure that the prOVISIon caters for a circumstances Han. Biyika Lawrence
where liability may arise from either the director or the Han. Burunda Alex
officer and not necessarily both. Han. Elatu Casm{t
Han. Gafabusa Richard
CLAUSE 39 Protection of Confidential Business Han. Kahunde Hellen
Information Han. Kamusiime
Clause 39 (2) (d) Innacent
Delete the words 'as well as information on which the Han. Katusabe Atkins
Competent Authority and the applicant disagree as to its Han. Macha Geaffrey
confidentiality' appearing from lines four to six. Han. Mafabi Ishma
Justification Han. Mayaga Flarence
The Competent Authority should be left with the discretion Han. Mutebi D Rannie
to determine which information should be kept confidential. Han. Mutanyi Rase
Han. Mwine Mpaka
CLAUSE 40 Protection from Personal Liability
Han. Nakate Lillian
Amend the clause by deleting the word 'council' from the
Han. Namujju Cissy D
sentence.
Han. Ngabirana Charles
Justification Han. Nyakecha Annet
Consequential amendment following the amendment of Han. Obua D. Hamson
clause 6 Han. Oguzu Lee Denis
Han. Sabiiti Denis
CLAUSE 42 Transitional Provisions Han. Sematimba Peter
Substitute for the entire clause as follows: Han. Ssemmuli Anthany ~~~
"Any approval granted by the Uganda National Council for
Han. Timuziga Micheal
Science and Technology for research of a GMO before
Han. Waira Majegere
commencement of this Act shall be subject to review by the
Han. Waluswaka James
Competent Authority. "

Justification
To provide for review of the approvals given by the Uganda
National Council for Science and Technology under this Act.

Page 46
REPORT OF THE COMMITTEE ON SCIENCE AND TFCHNOL.OGY ON THE NATIONAL B10TEC~INOL..OGYAND
BIOSAFETY BILL, 20 I 2

CLAUSE 44 Regulations MEMBER SIGNATURE


Clause 44 (2) (c) Han. Kafeero Ssekitaleka
Insert the words 'labelling' between words 'identification' and Han. Bwina Kyakulaga
'and packaging' Han. Abacanan Angiro G~~~~~~
Han. Amule Doreen
Justification
Han. Anywarach Joshua
To allow the Competent Authority and Minister to develop
Han. Atuhaire Jacklet
detailed procedures and guidelines on how to label different
products from different genetically modified organisms (GMOs) Han. Awar Betty Engala

under specific marketing, distribution, and use systems. Han. Babirye Kabanda
Han. Biyika Lawrence
Clause 44(2)(e) Han. Burunda Alex
Substitute for paragraph (e ) the following- Han. Elatu Cas~
"(e) Specifying the safety levels and standards for safety of Han. Gafabusa Richard
Gmo's and Gmo products on the recommendation of the Han. Kahunde Hellen
National Bureau of Standards. JJ
Han. Kamusiime
Innocent
Justification Han. Katusabe Atkins
To provide for the role of the National Standards Council to Han. Macho Geoffrey
prescribe safety levels and standards for a GMO or a GMO Han. Mafabi Ishma
product. Han. Mayaga Florence
Han. Mutebi D Ronnie
Clause 44 (2) (g) Han. Mutanyi Rose
Delete the words 'not exceeding a fine of forty eight currency
Han. Mwine Mpaka
points or imprisonment not exceeding twenty four months or
Han. Nakate Lillian
both'
Han. Namujju Cissy D

Justification Han. Ngabirana Charles


To allow the Minister exercise discretionary powers Han. Nyakecha Annet
depending on the circumstances of each case. Han. Obua D. Hamson
Han. Oguzu Lee Denis
SCHEDULE 2 Han. Sabiiti Denis
Paragraph 4 Power to co-opt Han. Sematimba Peter
Insert a new sub-paragraph (3) immediately after sub- Han. Ssemmuli Anthon
paragraph (2) to read as follows:
Han. Timuziga Micheal
"(3) The Committee may recommend to the Competent Authority
Han. Waira Majegere
the appointment of any additional members of the committee
as may be required from time to time. " Han. Waluswaka James

Justification
To provide for appointment of necessary additional
members to the Committee.

Page 47
REPORT OF THE. COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND

BIOSAFETY BILL, 2012

SCHEDULE 3, FORM 1 MEMBER


Part A: Particulars of the Applicant Han. Kafeero Ssekitaleka
Insert immediately after paragraph 1, the following; Han. Bwina Kyakulaga
2. Nationality Han. Abacanan Angiro G
3. Qualification" Han. Amule Dareen
Han. Anywarach Joshua
Justification
Han. Atuhaire Jacklet
To obtain detailed particulars.
Han. Awar Betty Engala

Paragraph11 Han. Babirye Kabanda


Rephrase the entire paragraph to read as follows; Han. Biyika Lawrence ~~diii~~*~
"11. Name, nationality and addresses of persons proposed to Han. Burunda Alex
be involved in the research activities" Han. Elatu Casm~

Han. Gafabusa Richard


Justification Han. Kahunde Hellen
For specificity and to obtain detailed particulars of the Han. Kamusiime
person involved in research. Innacent J--~~~~~-'
Han. Katusabe Atkins
Schedule 3, Form 3 Han. Macha Geaffrey
Paragraph 7.1 Han. Mafabi Ishma
Substitute for the word 'livestock', the word 'animal'. Han. Mayaga Flarence
Han. Mutebi DRannie
Justification Han. Mutanyi Rase
To make the provision more encompassinq by including
Han. Mwine Mpaka
livestock.
Han. Nakate Lillian
Han. Namujju Cissy D
Han. Ngabirana Charles
Han. Nyakecha Annet
Han. Obua D. Hamson
Han. Oguzu Lee Denis
Han. Sabiiti Denis
Han. Sematimba Peter
Han. Ssemmuli Anthany
Han. Timuziga Micheal ~g6~~~
Han. Waira Majegere
Han. Waluswaka James -

Page 48
MEMBERS OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY WHO
CONSENTED TO THE REPORT ON THE NATIONAL BIOTECHNOLOGY AND
BIOSAFETY BILL,
, 2012
I

SIN Name(s)

1. Hon. Kafeero Ssekitoleko Robert


2. Hon. Bwino Fred Kyakulaga V/CP
3. Han. Abacanon Angiro Charles Gutomoi
4. Hon. Amule Ruth Doreen
5. Hon. Anywarach Joshua Carter . :
...~...
>-. ,
~ .
6. Hon. Atuhaire Jacklet ...... .. .. . .
7. Hon. Awor Betty Engola ...~ .
8. Hon. BabiryeMary Kabanda
9. Han. Biyika Lawrence Sangcl
10. Han. Burundo Musingo Alex
11. Hon. Elotu Cosmas
12. Hon. Gafabusa Richard Muhumuza
13. Hon. Kahunde Helen
14. Han. Kamusiime Innocent Pentagon
15. Han. Katusabe Godfrey Atkins
16. Hon. Macho Geoffrey
17. Hon. Mafabi Ishma
18. Hon. Mayoga Nambozo Wamala Florence
19. Hon. Mutebi David Ronnie
20. Hon. Mutonyi Rose Masaaba
21. Han. Mwine Rwamirama Mpaka
22. Han. Nakate Lillian Segujja
23. Han. Namujju Cissy Dionizia
24. Han. Ngabirano Charles
25. Hon. Nyakecho Annet ::::::::::~:~:::~::::::
26. Hon. Obua Denis Hamson .... ~ .
27. Hon. Oguzu Lee Denis .....
~ .
28. Han. Sabiiti Denis .... ~ .
29. Hon. Sematimba Peter Simon .. ~~~ .
30. Hon. Ssemmuli Anthony ......... ~ ..
31. Hon. Timuziga Kamugisha Micheal
32. Hon. Waire.Kyewalabye Majegere ...... ~ .
33. Hon. Waluswaka James ......... .....................

~
\' l;

APPENDIX A

STAKEHOLDERS WITH WHOM THE COMMITTEE INTERRACTED

1. The Rt. Hon. Prime Minister/Leader of Government Business, Ruhakana


Rugunda

2. Prof. Celestino Obua- Chancellor, Mbarara University of Science and


Technology (MUST)

3. Dr. Elioda Tumwesigye- Minister of Science, Technology and Innovation~.


.
(MoSTI) , ,
4. Dr. Maxiwel Otim Onapa- Deputy Executive Secretary/Uganda National
Council for Science and Technology (UNCST)

5. Mr. Obong David- Permanent Secretary/MoSTI)

6. Ms. Irene Wanganya- Food Safety Coordinator/National Drug Authority

7. :~~ark Kamanzi- Head of Legal Services/NDA ~-


8. Mr. Senkungu Ismail- Technical Rep./Pharmaceutical Society of Uganda
9. Ms. Debora Wendiro- Head of Department of Microbiology/Ugand LI\~
Industrial Research Institute
g~ - -- 0
10. Mr. Eric Lerner Kagezi- Senior Prog. Asst/Uganda Biotechnology and
Biosafety Consortium
11. Ms. Lonyo G. Ocheng Prospero- Coordinator/Uganda Biotechnology and
Biosafety Consortium
12. Ms. Patricia Bageine Esalu-Deputy Executive Director/Uganda National ~ /
Bureau of Standards (UNBS)
13. Ms. Hellen Wenene- Legal Counsel/Uganda National Bureau of Standards
(UNBS)
14. Ms. Jacqueline Uwesya- Head of Microbiology Division/Uganda National
Bureau of Standards (UNBS) ~ JJ\ A \)
15. Dr. Fred Bisso- President/Uganda Medical Association (UMA) (J4J~C:;
16. Dr. Oundo Christopher ~.." - Vice President./ Ugan a
Medical Association ~
17 . Dr. Joseph Okia- . . ' echnical \JI'~'

f 18.
Adviser/ Uganda Medical Association
Dr. Ambrose Agona- Director Genral/ National Agricultural Research
Organisation (NARO)
~.~

~
19. Dr. Titus Alicia- Principal Res. Officer/NARO
20. Dr. Andrew Kiggundu- Sen. Res. Officer/NARO )
~
r,
I' 21. Dr. Geoffrey Alinaitwe- Principal Res. Officer/NARO
22. Mr. Ekoot Benjamin- Deputy CEO/Uganda and Tropical Institute of

~
~
1
I \ ~

23. Mr. Clet Wadui Masiga- Principal/TRIDI


24. Mr. Gimeyi Paul- Accounts Officer / TRIDI
25. Mr. Sabunyo Noah- Social Worker/TRIDI
26. Mr. Kigongo Richard- Agricultural Ext. Worker /TRID
27. Mr. Ouma Geoffrey- Farmer/TRIDI
28. Mr. Kiboma Micheal- Farmer/TRIDI
29. Mr. Mirimu Hannington- Farmer/TRIDI
30. Dr. Sebastian Rwengabo- Research Fellow/Advocates Coalition for
Development and Environment (ACODE)
31. Ms. Barbra Ntabirwehi- Research fellow/Advocates Coalition for
Development and Environment (ACODE)
32. Ms. Marilyn Kabalere- Advocacy OfficerjCAPCA (Central Archdiocesan
Province Caritas Association)
33. Ms. Kemigisa Divine- Prog. Officer/Southern and Eastern Africa Trade ~ ...
Information and Negotiations Institute (SEATIN) ~
34. Ms. Harriet Ndagire Ssempebwa- Vice Chairperson/PELUM & Member of
KULIKA Uganda/PELUM Uganda Board
35. Ms. Hellen N. Kasujja- Deputy Executive Director/ CIDI (Community
Integrated Development Initiatives)
36. Mr. Sifuna Daniel Administrative
Asst/ Agency for Cooperation and Research in Development (ACORD) ~
37. Ms. Dinah Tumukunde- Ag. Head of Research/Joint Clinical Research
centre (JCRC)
38. Dr. Cissy Kityo- Deputy Executive Director/ JCRC
39. Dr. Francis Ssali- Director/Clinical Services/ JCRC
40. Mr. Jonathan Kayondo- Senior Research Officer/Uganda Virus Research
Institute (UVRI) ~- / p~
41. Dr. Louis G. Mukwaya - Technical Advisor/UVRI r-' D
42. Mr. Mako Musagara- Administrator/UVRI ,
43. Mr. Lawrence Kamuhanda- Librariarr/ Mbarara University of Science and
Technology (MUST) A!iIlr--
44. Ms. Judith Owokulinansa - Micro Biology Post graduate student/MUST 1fJI J
45. Mr. Asaph katarangi Kaburura- Lecturer/MUST ~~
46. Dr. Dr. Tumulimbise Namasseh - Lecturer/MUST ~---- ~ Yb~
47. Dr. Jack Bazira - Sen. Lecturer/MUST ~
48. Ms. Peace Mbabazi- University Secretary j MUST ~
49. Samuel Malang- Dean-FOM/MUST
50. Mr. Ahimbisibwe B. Frank- Lecturer/MUST ~
51 Prof. C. Tushabomwe Kazooba- MUST , ~

e
'~2'
!.,.' ..

\.
\
53:
54.
55.
56.
57.
Prof. Nixon Kamukama- DVC(F&A)/MUST
Eng. Patrick Mujunansi- Univ. Engineer/MUST
Dr. Cleophas Karooma- Senior Lecturer/IIIR-MUST
Dr. Eunice A. Olet- Ag. Dean FOS/MUST
. ,'.
'

Sr. Dr. Jane Yatulm- Ag. HoD Biology/ MUST-Faculty of Science


Dr. Imelda Kimeza Senior
~ JFoo::::"
,11,,00
~~

Lecturer
~ Psychology/MUST rA4RJU
/flY

~v ~ ([J~/ ~ ~.~WO'
58. Mr. Jerome Kabakyenga- Professor/Director MUST-MNCHI/FOM
59. Ms. Robina F. Nakakeeto- Deputy Sec.(Planning)/MUST Planning
60. Mr. Wasswa William- Ag. Dean FAST/MUST FAST
61. Mr. Tumuhimbise Angella Senior CBEF/ MUST CHD
62. Mr. Richard Onyuth Apecu- HoD-Med.Lab.Sciences/ MUST-FOM
63. Dr. Dhikusoka Tefula Moses- Livestock Resarch Officer/ NARO-
MBARZARDI
64. Mr. Twinomuhangi Teage- HR/AO/ NARO-MBAZARDI
65. Mr. Muhindo Geoffrey- Finance Officer/ NARO-MBAZARDI
66. Mr. Bukenya Pison- Sen. Accounts Asst/ NARO-MBAZARDI
67. Mr. Kalaali Daniel- Asst. Procurement Officer/ NARO-Mbarara
68. Mr. John Sendawula- SLM Specialist/ MAAIF-MBAZARDI
69. Mr. Aturinda Amos Wentow- Agronomist/ NARO-MBAZARDI
70. Mr. Kalungi Fatumah- Admin. Asst./ NARO-Mbarara
71. Mr. Nakyajja H. Grace- Accounts Asst./ NARO-Mbarara
72. Mr. Muhumuza John Bosco- Crop Entomologist/ MBAZARDI
73. Mr. Muzira Robert- Soil Scientist/ MBAZARDI
74. Mr. Aheisibwe Ambrose Rwaheru- Research Officer/SOCI-Econ/ NARO-
KACHWEKANO ZARDI
75. Mr. Paplius Dias Tibiilika- Research Officer/ NARO KACHWEKANO ZARDI
76. Ms. Orikiriza Sheila- Research Asst./ NARO-KAZARDI
77. Ms. Anne Kabeshongore- Administrative Assistant/ NARO-~)
KACHWEKANOZARDI ~
78. Ms. Najjuma Faith- Accts. Asst./ NARO-KAZARDI ~ __
79. Mr. Nkoyoyo George- Research Assistant/ NARO-KAZARDI,
80. Mr. Rweigyema Hirary- Farmer ~
81. Mr. Tumwesigye John Bosco- ' . 0
82. Ms. Maureen Turyashemererwa- Crop Technician/ NARO-KAZARDI ~
83. Ms. Birungi Dismus- Driver/ NARO-KAZARDI 1fIiJr' ~
84. Mr. Nzeirwe Dennis- D/RDC/ Kabale District r O(JV"
85. Baguma Gerald- Research Asst /KAZARDI e:~ (

86. Mr. Arinaitwe Abel- Research Scientist/ KAZARD 4~


87. Mr. Karugaba John- Seed Producer/farmer~-!J--~
88. Mr. John Bahizi- Seed Multiplier
89. Mr. Charles Byarugaba- Director CKB/ Clean & Quality Seed Potato Prod.
Enterprise
90. Mr. Baryahisahe Nathan- Seed Potato Producer/ Rubanda District
91. Mr. Gumisiriza Christopher- Seed Potato Multiplier ~
92. Mr. Kellen Kisiizi- Seed Producer/ Bukinda-UNSPPA
l&On

~
93. Mr. Ayesigye Henly- Seed Multiplier/ KAHARO-UNSPAA
/'
4. ~

~~:
/
i'
Mr. Mutambi William- Seed Potato Producer/ Chairman-UNSPPA
95. Mr. Mugarura Edmund- Production Specialist/ IFDC _I'
Mr. Kukundakwe Norman- Field Officer '~~A~
Mr. Rubaramira Kenneth- Farmer 'f?:() - h'1
98. Dr. Brenda Kirundgi Katali- Research Scientist
100. Mr. Nshabire Orald- Procurement Asst./ KAZARDI
101. Mr. Kyooma John- Research Asst./ KAZARDI
102. Mr. Muhereze Ronald- Research Asst.j KAZARDI
103. Mr. Agaba Dennis- Chairperson NYauburugurukire I
104. Owembabazi Shaina- Research Asst./ KAZARDI
105. Kasirye Joseph- Finance Officer/ KAZARDI
106. Alfred Byanyima- Farmer/Rubanda District
107. Kembabazi Maryvian- KAZARDI/ Lab Technician
108. Gerald Kwikiriza- Fisheries Aquaculture Scientist/ Kachenkano-ZARDI
109. Arinda Osbert- Research Asst./ Kachenkano-ZARDI
110. Kobusingye Evas- Lab Technician/ Kachenkano-ZARDI
111. Etiang Joseph- Soil Fertility Scientist/Kachenkano-ZARDI
112. Mateeka Benon- Tissue Culture Lab/KAZARDI
113. Eric Magembe- CIP/ Scientist ..
114.
115.
Dr. Andrew Kiggundu- Senior Research Officer/ NARL, Kawanda
Gard Turyamureeba- Senior Research Officer/ NARO- Kachwenkano
ZARDI
!11
.*-116. Hon. Fredrick Gume Ngobi- Minister for Cooperatives/Ministry of Trade,
Tourism and Industry
117. Hon. Dr. Jane Ruth Aceng- Minister of Health ~... -
118.

119.
Tourism and Industry
Mr. Atek Kagirita - NB
V
Mr. Ahimbisibwe Stanley- Ag. Commissioner/Trade-Ministry of Trade, ". ~

.
r

Coordinator/ Ministry of Health


120. Mr. Steven Aisu - Head Public Health
Lab/Ministry of Health
Hon. Fredrick Gume Ngobi- Minister for Cooperatives/Ministry of Trade, ~.
Tourism and Industry ~\
122. Hon. Dr. Jane Ruth Aceng- Minister of Health
123. Mr. Ahimbisibwe Stanley- Ag. Commissioner/Trade-Ministry of Trade, ~
Tourism and Industry
124. Mr. Atek Kagirita - NB
Coordinator/ Ministry of Health ~
125. Mr. Steven Aisu - Head Public
Lab/Ministry of Health .
126. Mr. Kawoya Fredrick . - Manager, Policy
Advocacy and campaigns/ Action Aid Uganda
127. Ms. Jenipher Achaloi - Project
Cordinator/ Lecturer (Action Aid Uganda)
r. OlupotGiregon Lecturer/ College of
Agricultural Environmental Sciences- Makerere University Executive ~ ~
Dr. Okurut Tom

,~rl
Director/ NEMA

_ _ _ _~.cu 4
~ ~ U --
130. Mr. Francis Ogwal Natural Resources
Manager/ NEMA
131. Mr. Silas Obukosia Program & Legal
Officer/ ABNE-NEPAD
132. Mr. Woldeyesu Sinebo Programme
Officer/ ABNE-NEPAD
133. Mr. Owachi William Godwins -Finance &
Administration Manager/ CDO
134. Dr. Serunjogi Lastus K. - Technical Advisor/ CDO
135. Mr. Lugojja Fred Information and
Monitoring officer/ CDO
-

5
6
------------~~-"----~-

Technology is evolving at a very fast rate in a number of spheres.


Technological advancements such as biotechnology are premised on
mastery of nature and knowledge so as to develop products that are unique
in composition and usability. However given its immense claimed benefits
and adverse effects, there is need for wide public involvement,
consciousness consideration and regulation.

In a bid to provide a regulatory framework on biotechnology, G National


Biotechnology and Biosafety Bill 2012 was tabled in Parliament, scrutinised
and a report generated by the Committee on Science and Technology.

Pursuant to Rule 194 of the Rules of Procedure of the Parliament of Uganda, I


hereby present a dissenting opinion from the opinion of a majority of the
Committee on Science and Technology.

I dissented with the majority of the Committee regarding the


recommendation to approve the Bill with amendments on the following
grounds:
1) Inadequate Public Consultation
2) Lack of Impact Assessment
3) Incomprehensiveness of the Bill
4) Inadequate Bioethical Considerations
5) Substantial Modification of the Bill
6) Inadequacy of Certificate of Financial Implication
7) Risk of External Influence
8) Misleading Amendments
9) Expeditious Approval of the Bill

Although the Committee noted in its report under section 4.2 that "there was
inadequate public awareness and participation of the general public about
the introduction of GMOs and biosafety", the majority of the Committee
recommended in contravention of the provisions of the Constitution and the
Cartagena Protocol on Biodiversity (CPS).

2
The National Objective and Directive Principle of state Policy X as enshrined
in the Constitution of the Republic of Uganda stipulates that:
"Irie state shall take all necessary steps to involve the people in the
formulation and implementation of development plans and
programmes which affect them".

Article 23(2) of CPB also requires that Parties (read Government of Uganda)
shall in accordance with their respective laws and regulations consult the
public in the decision-making process regarding living modified organisms.
The cited provision rurl her stipulates that the party (read Government of
Uganda) shall make the results of such decisions available to the public while
respecting confidential information in accordance with Article 21.

To the contrary, the Ministry of Science, Technology and Innovation failed to


convince the Committee that the public was adequately consulted and
involved in developing the Bill whose provisions would affect them.

The Committee report highlights under section 2.1 (I) regarding medical
biotechnology that GMOs can lead to health risks such as food allergy;
antibiotic resistance; reproductive and endocrine disorders; hormone
disruption; birth defects and shorter life spans; cancer; immortality of sperms;
sluggishness of sperms; digestive problems; obesity; sterility; and nutritional
deficiencies.

In addition, modern biotechnology is a technology under corporate control,


protected by patents and other forms of intellectual property rights, and
therefore contrary to farming traditions of saving and exchanging seeds 1. In
countries such as Brazil 2 that have embraced GMO foods, legal battles with
the corporate GMO producers have arisen and are ongoing due to
limitations in multiplications, demand for royalties and need to sign
Technology License Agreements before utilisation of products. This raises a risk
of affecting Ugandan farmers' culture and livelihood systems which involve
seed preservation, multiplication, diversification and distribution. Farmers
need readily available and affordable seeds that have no legal constraints.

1 Altieri, M.A., 2002.The Case Against Agricultural Biotechnology: Why Are Transgenic Crops Incompatible With

Sustainable Agriculture In The Third World?


2 In October 2013, Judge Alex Nunes Figueiredo blocked Monsanto's demands of farmers signing the agreement as

a condition to buy RR2 Intacta soybeans. The judge said that Monsanto is unfairly taking advantage of its favourable
position in the market as the only technology provider of RR2 Intacta, in forcing farmers to "to comply with clauses
that are burdensome, if not illegal" as a condition of purchasing the product. Signing of an agreement for use of
technology would allow employees of Monsanto to monitor cultivations and to enter farms to control planting, on
the grounds of preventing the spread of this new technology.

3
Despite the effects highlighted above, the Committee did not circulate any
public notice in any newspapers of wide circulation so as to invite views from
any interested Ugandan or institution. For instance in the recently concluded
Parliamentary Outreach in Arua district, traditional leaders, religious leaders,
district leaders and community leaders raised concern about the lack of their
involvement in the development, sensitisation and processing of the Bill.

Parliament as the peoples' representative is expected to fulfil its mission of


being people-centred by ensuring that legislation, oversight and policy
making processes entail the views of the public and address the demands. of
a11 3 .

While the majority report was able to highlight under section 2.1 that
biotechnology presented both benefits and costs, it does not indicate
whether benefits to the country outweigh the costs.

It is best practice in Uganda that every bill is informed by Regulatory Impact


Assessment (RIA). This is articulated in the IGuide to Regulatory Impact
Assessment' published by the Cabinet Secretariat in the Office of the
President. RIA is an analysis of the likely costs and benefits associated with the
introduction of a new policy or law or regulation.

Contrary to the above, it should be noted that the Bill was developed and
tabled without ascertaining opportunity cost to the country which should
have been ascertained through RIA. Therefore government and the
committee were not in position to determine whether passing of the Bill would
the country more than the costs.

3 Parliament of Uganda strategic Plan 2016/17 - 2019/20 - Pg. 17

4
----------~ -~-----------~~

The majority report under section 2.1 notes that the Bill only seeks to advance
agricultural biotechnology while neglecting other forms of biotechnology
such as industrial, environmental and medical biotechnology. The Bill places
emphasis mainly on manipulation of genes to produce agricultural GMOs.
Therefore the Bill is limited in scope for it does not cater for all forms of
biotechnology hence its incomprehensive. The proposed amendments also
do not widen the scope to holistically cater for other forms of biotechnology.

Furthermore GMOs are a subdivision of biotechnology. Unfortunately the Bill


and proposed amendments are majorly relating to GMOs not biotechnology
as a whole. Of the 44 clauses, 23 (52%) are regarding GMOs i.e. Clauses 15-
37, 11 (25%) pertain structural arrangements i.e. clauses 1 - 14 while
remaining 23% largely pertain preliminary and miscellaneous provisions.

The intent to introduce a Private Member's Bill to cater for other forms of
biotechnology as indicated under section 2.1 points to the need to widen the
scope of the Bill. It is prudent that biotechnology should not be legislated in a
piecemeal manner. It should be legislated holistically and can be achieved
through redrafting.

so as

The majority report makes no reference to bioethics yet it is a core element of


biotechnology as indicated in the National Biotechnology and Biosafety
Policy. Bioethics stipulates what should and should not be done when
developing biotechnology products.

The Policy notes that there is an apparent lack of a code of ethics in


biotechnology research in Uganda. Ethical considerations in biotechnology
research therefore, do not exist save for certain aspects that are addressed
by the more general national guidelines on research ethics. The code of
bioethics should enable the development and exploitation of biotechnology

5
in accordance with acceptable societal norms. This is a key factor in shaping
public attitude and consumer acceptance of products of biotechnoloqy-.

Although the Bill under Clause 44 provides for regulations on bioethical


considerations, it is so crucial that the core bioethical provisions are explicitly
provided for within the bill. Issues regarding bioethics are so critical for
Parliament to delegate its responsibility to a Minister. It is essential that
extensive bioethical provisions are incorporated within the Bill so as to address
concerns raised in National Biotechnology and Biosafety Policy.

For instance the introduction of GMOs has led to a wider debate on


bioethical concerns affecting social, economic and environmental spheres.
These include the effects on non-target organisms, insect resistance crops,
gene flow and the loss of diversity as well as the issue on interfering with
nature (such as development of human embryos or human reproductive
cloning) in which the modification process itself is disrupting the natural
process of biological entities. Due to this, the uncertainty of the scope and
the role of bioethics need to be clearly spelled out in the legal framework. If
bioethical issue is not regulated in the legal framework, it can lead to endless
litigation suit-.

so as

The majority of the Committee made over 31 (70%) amendments to the 44


clauses of the Bill which if considered will substantially modify the original Bill.

Substantial amendments were made regarding objectives (principles),


creation of a new directorate responsible for biosafety as a competent
authority within a new Ministry of Science, Technology and Innovation.
Substantial amendments were also made on functions of a competent
authority. These raise a funding gap in terms of staffing, operationalisation
and enforcement.

4National Biotechnology and Biosafety Policy, 2008- Pg. 1


5Zaiton Hamin and Siti Hafsyah ldris. 2011. Bioethical Issues on Genetically Modified Organisms (GMOs) In Malaysia:
Biting Into the Legal Protection under the Biosafety Act 2007

6
1-

The Speaker, during the 1st Session of the lOth Parliament, guided the
House on how to process a Bill whose clauses have been amended by over
50%. The House was guided as follows:
a) The Bill substantially loses its originality and must be ordered for
reprinting because it will have become a new Bill.
b) A new bill is created if amendments are more than a half of the original
bill.
c) The multitudes of amendments are a vote of no confidence in the Bill.
d) If the sponsoring ministry agrees with the amendments, it should reprint
the Bill that can easily be processed by Parliament.

Substantial amendments to bills have also been prohibited in many other


Commonwealth countries. The substantially amended bills are referred back
to the sponsor for comprehensive reconsideration, reprinting and
reintroduction in Parliament as highlighted in table 1.

Table 1: Examples of legislative practices of handling substantial


amendments of a bill in selected Commonwealth Parliaments

Parliament of Rwanda Amendments related to form are neither debated


nor voted for.

The Plenary Sitting may decide to return a bill to its


initiator.
Parliament of South Africa Amendments are out of order if they affect the
principles (objectives) of the Bill and in respect of
which the Assembly has not given any instruction.
Parliament of the Common If such changes are more than minor or technical,
Wealth of Australia the revised bill or amendments and the revised
explanatory memorandum will need to be
approved by the relevant minister and go through
the legislation approval process again.

The majority Committee report makes no reference to the Certificate of


Financial Implication in regard to the substantial amendments. The substantial

7
amendments contradict the commitments made in the certificate of
financial implication (see appendix 1) that was issued for the Bill in 2012.

The certificate indicated that funding and implementation of the Bill will be
carried out within the already existing government policy i.e. National
Biotechnology and Biosafety Policy (2008) and institutional structures i.e.
Uganda National Council for Science and Technology within the medium
term expenditure. This was similar to the position contained in the National
Biotechnology and Biosafety Policy (2008) that informed the provisions in
Clouse 6 of the Bill. Therefore no new s.tructures were to be created for the
implementation of the Bill. The substantial amendment to establish a
directorate responsible for biosafety within the Ministry of Science,
Technology and Innovation for outstretch the initial financial commitment.

The Bill and the amendments by the Committee did not address the risk of
external influence. This necessitates a comprehensive Regulatory Impact
Assessment to critically assess and abate the adverse risks of external
influence and financial sustainability in advancing biotechnology systems.

Funding for biotechnology has remained within the confines of the already
below average funding levels for science and technology. The little available
funding is mainly from foreign sources with research agendas that may not
necessarily reflect national priorities for developments.

For instance, financial resources for agricultural biotechnology research in the


two-year period of 2010 and 2011 were largely from philanthropic
organizations (38%), intergovernmental organisations (33%), and
development assistance from foreign governments (14%). Direct funding for
agricultural biotechnology Research and Development from the
Government of Uganda constituted 3% of the total funding received in the
same period/.

6National Biotechnology and Biosafety Policy, 2008 - Pg. 10 - 11


7Y. Baguma et 01, 2013. Agricultural biotechnology Capacity in Uganda. Uganda Biotechnology and Biosafety
Consortium (UBBC)

8
This highlights that the country's progress in biotechnology relies on donors
who advance their own agenda or interests. The interests may include
extending risk of GMO development away from their home countries,
avoiding stringent GMO legislations in their countries of origin, advancing
dependency syndrome and selfish economic interests among others. These
are a threat to national sovereignty and would contravene National
Objective and Directive Principle of state Policy IV (ii) as enshrined in the
Constitution of the Republic of Uganda. The directive principle stotes that the
state shall endeavour to build national strengthen in political, economic and
social spheres to. avoid undue dependence on other countries and
institutions.

Upon realising that the public and indeed Members of Parliament may have
phobia of GMOs, in a move to ensure acceptability, majority of the
Committee agreed to:
a) Amend the short title from the 'National Biotechnology and Biosafety
Bill' to the 'National Biosafety Bill' without undertaking the necessary
redrafting of the Bill to make deterrent provisions that match the new
title. This was intended at dealing away with the word 'biotechnology'
which was considered to be synonymous with GMOs; and
b) Amend references made to biotechnology so as to read modern
biotechnology with the intention of depicting widened scope of
biotechnology. However this still is a limited scope of biotechnology
because there also exists traditional and conventional biotechnology.

It is crucial to highlight that modern biotechnology is a tool or process that


results into GMOs also referred to as Living Modified Organisms. The Uganda
National Council of Science and Technology (UNSCT) in its publication
entitled 'Frequently Asked Questions on Agricultural Biotechnology' under
question 6(Pg.l) further clarifies that 'GMO technology is often called
modern biotechnology, sometime also recombinant DNA technology or
genetic engineering'. The World Health Organisation (WHO, 2014) also

9
the same clarifications. Based on this, it is clear that modern
biotechnology is synonymous with GMOs.

The majority of the Committee during committee meetings asserted that if


Uganda does not approve the Bill, the country will lag behind in accessing
benefits of modern biotechnology particularly GMOs. It is essential to
emphasise that shared understanding and commitment by the citizens and
government is a critical driver to their mobilisation, participation,
empowerment and inclusive growth in the implementation of any law.

Uganda was ahead in a number of aspects such as laws, development


programmes and projects. However the countries that embraced them later
ure now fur ahead. For instance on banning of polythene bags and universal
accessibility to internet, Rwanda is far ahead of Uganda yet the latter
spearheaded the initiatives. This is attributed to the fact that with shared
understanding of citizens and government, purpose and responsibility by all
citizens, the country moves faster in implementation of any law, development
programme and project.

8 World Health Organisation (WHO), 2014. Frequently Asked Questions on Genetically Modified Foods. Website:
http://www.who.int/foodsafety/oreos work/food-technology/fag-genetically-modified-food/enl. Lost accessed on
26th June 2017

10
Honourable Members, I implore you to support the Minority report so as to
refer the Bill back to sponsor for a comprehensive Regulatory Impact
Assessment, involvement of people that would be affected, financial
implication reassessment and redrafting.

I BEG TO MOVE.

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