Strengthening the Biological Weapons Convention
Briefing Paper No 6: Article X : Some Building Blocks
Executive Summary
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Attention is being given by the Ad Hoc Group (AHG) to measures to implement Article X of the Convention in accordance with its mandate. As progress is being made on the development of the rolling text for the Protocol to strengthen the Convention, it is timely to consider how the implementation of Article X might contribute to the strengthening of the effectiveness of the Convention. This Paper considers some of the developments that have occurred nationally, regionally and internationally in respect of the use of bacteriological (biological) agents and toxins for peaceful purposes. It has become apparent that there is increasing awareness world-wide because of public health and environmental concerns of the need to control the handling, use, storage and transfer of such biological agents. Some of the current controls and regulations for biological agents and the international initiatives that are ongoing to strengthen biosafety around the world are outlined. These are seen as building blocks which might be considered from a point of view of strengthening the BTWC as well as contributing to the implementation of Article X although care will need to be taken in the Protocol for the AHG to avoid unnecessary duplication with other international activities. The challenging goal is to identify how these other national, regional and international activities can be utilised to contribute to the strengthening of the BTWC.
AGENDA 21
The Rio Summit of June 1992 agreed a set of principles and Agenda 21 which includes the Environmentally Sound Management of Biotechnology as one Chapter. This recognises that "only when adequate and transparent safety and border-control procedures are in place will the community at large be able to derive maximum benefit from, and be in a much better position to accept the potential benefits and risks of, biotechnology."
CONVENTION ON BIOLOGICAL DIVERSITY (CBD)
Opened for signature at the Earth Summit, the CBD entered into force in December 1993. Article 19 sets out the need to consider a protocol setting out appropriate procedures, including, in particular, advance informed agreement, in the field of the safe transfer, handling and use of any living modified organism resulting from biotechnology. The Conference of Parties have established an Open-ended Ad Hoc Group on Biosafety to take forward the negotiation of a biosafety protocol. That Ad Hoc Group is also working on a draft protocol comprising some 43 Article; it held two one week meetings in 1997 and has some four to five weeks planned in 1998 aimed at completing their negotiations by the end of 1998.
In parallel, the UNEP (United Nations Environment Programme) International Technical Guidelines for Safety in Biotechnology have been developed and adopted at a meeting held in Cairo in December 1995. These Guidelines address the human health and environmental safety of all types of applications of biotechnology, from research and development to commercialization of biotechnological products containing or consisting of organisms with novel trait(s).
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It is clear that internationally, there is a move, certainly for micro-organisms with novel traits, towards information exchange and for information supply should such micro-organisms be transferred from one country to another. There is also clear encouragement for the provision of information to the public, whilst protecting commercial confidential information.
REGIONAL SAFETY IN BIOTECHNOLOGY MEETINGS
UNEP have also encouraged the holding of regional consultations on the harmonization guidelines for safety in biotechnology and the necessary capacity-building requirements. There have been a series of such Regional Consultations which include:
a. African Regional Conference for International Cooperation on Safety in Biotechnology, 11 - 14 October 1993, Harare, Zimbabwe;
b. Biodiversity and Harmonization of Biosafety of the Countries of the CORECA, 28 February - 3 March 1995, San Jose, Costa Rica;
c. Asia-Pacific Workshop on Safety in Biotechnology, 6 - 8 March 1995, Bangkok, Thailand;
d. Central and Eastern European Conference for Regional and International Cooperation on Safety in Biotechnology, 4 - 6 September 1995, Keszthely, Hungary;
e. Second Central and Eastern European Conference for Regional and International Cooperation on Safety in Biotechnology, 16 - 18 October 1996, Smolenice, Slovak Republic.
CONCLUSIONS
It is apparent that following the Rio Summit in June 1992 and the entry into force of the Convention on Biological Diversity in December 1993, there are numerous ongoing international activities in all regions of the world to improve biosafety in biotechnology and to build capacity. These are all driven by an international awareness of the potential dangers to the environment and to public health that may result from the release of micro-organisms with novel traits into the environment.
The developments to establish information exchange and advance informed agreement prior to transborder transfers of living modified organisms are such that they will contribute to increased international transparency and to improved public confidence that such organisms are being handled and used safely without undue risk to the environment or to public health. Such improved transparency and enhanced confidence that such organisms are being used safely for permitted purposes can contribute to improving international confidence that States are in compliance with the BTWC. These activities to enhance biosafety in biotechnology should be regarded as building blocks that can be drawn upon in devising measures to strengthen the implementation of the BTWC.
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The Biological and Toxin Weapons Convention Database forms part of the Project on Strengthening the Biological and Toxin Weapons Convention and Preventing Biological Warfare, which is based in the Department of Peace Studies, University of Bradford, UK.
Updated 21 August 98.