Documenti di Didattica
Documenti di Professioni
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REPORT OF TIH:: COMMITTT ON SCIENCE: AND TF(J~NOL.OGYON THE NATIONAL.. BIOTECHNOL.OGY AND
BIOSAFETY BILL, 2012
ACRONYMS
cM- _-----.;s:r~'"=~,:2~
Page!
REPORT OF Tl-iE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND
Resources and Benefit Sharing (ABS) on 25th June Han. Waluswaka James
2014.
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REPORT OF TI-iF il"1iTTFF ON SCiENCE AND TFCHNOL.OGY ON THE NAT!ONAL BIOTECHNOLOGY AND
BIOSAFETY siu, 2012
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-
~~
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:;-,
....
~ '. . .
~..,
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
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REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND
Page 4
REPORT OF T~lF COf'lIMITTFF: ON SCiENCE AND TFC}lNOL..OGY ON THE NATIONAL BIOTECHNOL..OGY AND
BIOSAFETY BILL, 20 i 2
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
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REPORT OF Tt'1E COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND
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REPORT OF 'ntE COMMITTEE ON SCIENCE AND TEC]1NOL.OGY ON THE NATIONAL.. BIOTECHNOL.oGY AND
BIOSAFETY BILL, 2012
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
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REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND
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
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)
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REPORT OF THE COtvlM!TTF:F: ON SCiENCE AND TFCIJNOL.OGY ON THE NATIONAL. BIOTECHNOL.OGY AND
BIOSA.FETY BILL.. 20! 2
iii. In the wake of modem biotechnology, the Government Han. Awar Betty Engala
Page 9
REPORT OF THE COr"1MITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND
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
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REPORT OF THE COl"1MlTTFF ON SCIENCE AND TECrlNOLOGY ON Mn-lF. NATIONAL. BIOTFCHNOL.OGY AND
BIOSAFETY BILL, 20! 2
b) Working with nature to maximize and optimize Han. Ngabirana Charles ........................... ~
Page II
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOL.OGY ON THE NAT!ONAL BIOTECHNOLOGY AND
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"%
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REPORT OF T'HE COMMITTEE ON SelF-NeE AND TFCi-,INOL.oGY ON THE !\lATIONAL. B10TFCHNOL.oGY AND
BIOSAFETY BILL, 2012
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
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REPORT OF THE COMMITTEE ON SC1ENCE AND TECHNOLOGY ON THE NATIONAL. B!OTECHNOL.OGY AND
Reporting structure of the Registration and inspection Han. Awar Betty Engala
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
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REPORT OF THE COMMiTTEE ON SCIENCE AND TECHNOL.OGY ON THE NATIONAL BIOTECHNOL.OGY AND
BiOSAFETY 20 i 2.
The Committee further learnt that when medicines are Han. Waluswaka James
Page 15
REPORT OF THE COMM!TTEE ON SCIENCE AND TECHNOLOGY ON THE NAT!ONAL BIOTECHNOLOGY AND
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
Page 17
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NAT!ONAL B!OTECHNOLOGY AND
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" -';"'" .
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""""'~'"''''
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REPORT OF THE COtvtMITTFF ON SCIENCE AND TFCHNOL.OGY ON THE NATIONAL. BIOTECHNOL.OGY AND
BIOSAFETY 2012
Page 19
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY O~-j THE NATIONAL BIOTECHNOLOGY AND
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REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOL,OGY ON THE NATIONAL, BIOTECHNOLOGY AND
BIOSAFETY 2012
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
Page 2!
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND
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 .................. ...... ~
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 .. \
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
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REPORT OF Tl-iF COMM!TTEE ON SCIENCE AND 'TECHNOLOGY ON THE NAT!ONAL BiOTECHNOLOGY AND
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
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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
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
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
Page 28
REPORT OF THE: COMMITTEE: ON SCIENCE: AND TECHNOL.OGY ON TIIE: NATIONAL. BIOTECHNOL.OGY AND
BIOSAFETY BILL, 20! 2.
Page 29
REPORT OF lliE COMMiTTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BiOTECHNOLOGY AND
"genetically modified product" means a product made from Han. Awar Betty Engala
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
Page 30
REPORT OF TlIF COMM!TTEE ON SCIENCE AND TFCHNOL..OGY ON THE NATIONAL.. BIOTECHNOL.OGY AND
BIOSAFETY BILL, 20! 2
Page 31
REPORT OF Tt-1E COMMIT"TEE ON S(]ENCE AND "fECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND
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
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
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
Page 35
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON THE NATIONAL BIOTECHNOLOGY AND
"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
Page 36
REPORT OF TI-H: COMMITTEE ON SCIENCE AND TECHNOL.OGY ON THE NATIONAL. B10TFCHNOL.OGY AND
BIOSAFETY BILL, 2012
institutional biosafety committee of his/ her choice". Han. Abacanan Angiro G l':';;~~ .-..\ ......
() ~
Page 37
REPORT OF T~-1E COMM1T"rEE ON SCiENCE AND TECHNOLOGY ON THE NATIO!'JAL BIOTECHNOLOGY AND
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
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
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 ,
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
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
Page 40
_
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REPORT OF NrHE COMMITTEE ON SCIENCE AND TECHNOL.OGY ON THE NAT!ONAL.. BIOTECHNOLOGY AND
BIOSAFETY BILL. 20! 2
(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
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
Page 43
REPORT OF THE COMMITTEE ON SCiENCE AND TECHNOLOGY ON "rHE NATIONAL BIOTECHNOLOGY AND
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
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
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
Page 45
REPORT OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY ON T!'''1E NATIONAL BIOTECHNOLOGY AND
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
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
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
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
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)
~
\' l;
APPENDIX A
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 \ ~
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
. ,'.
'
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:~ (
~
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
,~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
-
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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.
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.
1 Altieri, M.A., 2002.The Case Against Agricultural Biotechnology: Why Are Transgenic Crops Incompatible With
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.
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.
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.
4
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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.
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
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in accordance with acceptable societal norms. This is a key factor in shaping
public attitude and consumer acceptance of products of biotechnoloqy-.
so as
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.
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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.
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.
9
the same clarifications. Based on this, it is clear that modern
biotechnology is synonymous with GMOs.
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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