Matchanova
N. S.
4nd year student
Specialty: "International law"
International Relations Faculty
Al-Farabi Kazakh National University
Scientific adviser:
PhD, Associate Professor of International Law
Baimagambetova
Z.M.
The necessity of development and improvement of
Kazakhstani legal frameworks governing genetic engineering activity
The
world's population is growing extremely fast, because of that there is a need
to produce more food and facilitate the work of farmers. The head of our State, Nursultan Nazarbayev
in his message dated from 17 January, 2014, entrusted the Government of
Kazakhstan to develop genetically modified and drought-resistant crops. The
President noticed that we need to develop agricultural researches and keep up
with the challenges of time. Along with the production of natural food we need
to produce genetically modified crops. The very concept of "Living
modified organism means any living organism that possesses a novel combination
of genetic material obtained through the use of modern biotechnology" [1,
p. 4].
Genetic
engineering provoked a breakthrough in many sectors of our life: medicine,
agriculture, etc. In 1980 engineer geneticist Ananda Mohan Chakrabarty, who
worked in the «General Electric», artificially created a bacteria that were
made to break down crude oil to help with oil spill mitigation [2]. Genetic
engineering is also used in medicine, for example, to create new ways of
obtaining physiologically active proteins used as drugs, for example
somatostatin, insulin, growth hormone, interferons, and other".
Modern
genetic engineering was promoted to create a number of crops which major
advantages traditionally is a positive economic effect due to the stability of
the harvest, which is less affected by diseases and pests. A positive feature
of genetically modified crops is also a simplification of technology of
cultivation. Furthermore, the cost of genetically modified food is lower than the
cost of natural production, because of that the final price will be lower too.
Although this new technology opens up wide range of opportunities to research,
there are still exist a possibility and fears about potential negative impacts
on human health and on the ecosystem of the Earth.
Production
of genetically modified foods is growing rapidly. The world five countries that
produce the largest number of GMO products are: the United States, Brazil,
Argentina, India and Canada. According to "ISAAA Brief 49-2014" " The global hectarage of biotech crops has increased more than 100-fold
from 1.7 million hectares in 1996 to181.5 million hectares in 2014 – this makes
biotech crops the fastest adopted crop technology in recent years. This
impressive adoption rate speaks for itself, in terms of its sustainability,
resilience and the significant benefits it delivers to both small and large
farmers as well as consumers"[3].
Kazakhstan
can't eschew these global trends, therefore controlling system of GMO's
implementation should be improved. Also closeness with China, where
technologies evolve very fast, motivates Kazakhstan to improve the control
system. In addition, there are products that delivered to Kazakhstan from the
United States, where the typing information on the label about the presence of
GMOs is not required if the product has been approved for sale.
The
objectives of state regulation of genetic engineering activity are: the
protection of public health, biodiversity conservation, environmental
protection and security of the nation during the implementation and development
of genetic engineering.
Taking
into account the hierarchy of the Kazakh legal system, effective implementation
of bio-safety concept should be based on the basic international agreements, according
to which domestic legislation should be brought in line.
The
development and ratification of the Cartagena Protocol on Biosafety to the
Convention on Biological Diversity and the Aarhus Convention became significant
events in the field of international legal regulation of genetic engineering.
Kazakhstan ratified the Cartagena Protocol on Biosafety to the Convention on
Biological Diversity (Montreal, 29 January 2000) in 2008, the Aarhus Convention
(Aarhus in Denmark June 25, 1998) - in 2000. Ratification of these documents
was necessary for Kazakhstan, because of the world economy globalization and
cooperation of the countries in developing international norms on biosafety.
At
the same time there is no widespread control over the circulation of GMOs in
Kazakhstan, which is a big drawback of our legal system that allows food
manufacturers freely import biological products containing GMOs.
However,
it should be noted that in some laws of Kazakhstan do exist standards that
regulate public relations in using the products of genetic engineering
activity.
Domestic
regulation of genetic engineering activities is based on a number of legal
acts, the most important of which are: The law of the Republic of Kazakhstan
No. 301 of 21 July, 2007 "On safety of food products ", The Code of
the Republic of Kazakhstan dated of September 18, 2009 No 193-IV "On
public health and health care system",
The law of the Republic of Kazakhstan "About protection of the
rights of consumers" from May 4, 2010 ,
The technical regulation “Requirements for safety of food products
fabricated from genetically modified plants and animals” (Governmental Decree
RK 21 September 2010 ¹ 969), "Environmental Code of the Republic of
Kazakhstan" dated 9 January, 2007 etc.
The legal acts that were mentioned above
establish that within the territory of Kazakhstan food derived from genetically
modified (transgenic) plants and animals that weren't signed up in the public
register of genetically modified objects is not allowed, except cases when these
products required some tests [4]. Also, Kazakhstan legal acts establish that
the seller must give information about the presence in food ingredients,
consisting or obtained with the use of genetically modified organisms, if they
equal to 0.9 per cent or more [5]. There are specialized laboratories in
Astana, Almaty, Ust-Kamenogorsk, Petropavlovsk and Uralsk that was created in
order to study and determine the percentage of GMO in foodstuffs.
In
Kazakhstan there is no separate law that regulates genetic engineering
activity. Because of this it's impossible to create effective legal frameworks
for the legitimate exercise of genetic engineering. Thereby, Kazakhstan plans
to adopt new law "On state regulation of genetic engineering", on the
basis of the “Model Law on Safety Activities Related to Genetically Modified
Organisms” adopted in 2006 on the 27th plenary session of the
Interparliamentary Assembly of the Member States of the CIS.
Meanwhile,
we shouldn't forget that there is a risk of GMO impact on the environment. For
example, when genetically modified plants cooperate with weeds, there is a risk
that weed become resistant to diseases and pests, or obtain other unusual
features, such as herbicide-resistants. Either there is the possibility that
insects through contact with genetically modified plants obtain resistant to
the toxins, by which the farmers fight against them.
In
order to minimize the above-mentioned risks it is necessary for Kazakhstan to
create an appropriate legal framework on regulation of GMO. Therefore, before
the implementation it's necessary to carry out studies and researches to
estimate the potential risks of GMO in domestic agriculture. We should
understand what to expect in the economic, social, ecological, technological
aspects and to determine optimal ranges and dimensions of GMOs cultivation.
The
development of genetic engineering opens up great opportunities to national
economy, by producing genetically modified products, which are superior to the
products of natural production. On the other hand, there is a risk of negative
influence on the environment and human health. It is necessary to be guided by
legal and technical frameworks during the development of genetic engineering and
to exercise a strict control over the use of GMOs in order to provide public
safety.
References
1. The Cartagena Protocol on Biosafety to the Convention on Biological
Diversity adopted on 29 January 2000 //
https://www.cbd.int/doc/legal/cartagena-protocol-en.pdf
3. ISAAA Brief 49-2014: Executive Summary "Global Status of
Commercialized Biotech/GM Crops: 2014" // http://isaaa.org/resources/publications/briefs/49/executivesummary/default.asp
4. The technical regulation “Requirements for safety of food products
fabricated from genetically modified plants and animals” (Governmental Decree
RK 21 September 2010 ¹ 969) // https://www.memst.kz/tr/78.php
5. The law of the Republic of Kazakhstan "About protection of the
rights of consumers" from May 4, 2010 // http://online.zakon.kz/document/?doc_id=30661723