I. The Birth of the Cartagena Protocol

Parties to the Convention on Biological Diversity, referred to as the "Convention" or "CBD", established an Open-ended Ad Hoc Working Group on Biosafety to draft a protocol on biosafety. The Working Group, at its conclusion of the six meetings held between July 1996 and February 1999, submitted a draft text of the Protocol for consideration of the Parties at its first extraordinary meeting.

Convened for the purpose of adopting a protocol on biosafety, the first extraordinary meeting took place on 22 February 1999, in Cartagena, Colombia. However, the Conference of the Parties was not able to finalize the draft of the biosafety protocol and made a consensus to resume the first meeting on 24 January 2000.

The first extraordinary meeting, preceded by regional and inter-regional consultations came into conclusion on 29 January 2000 with the Conference of the Parties adopting the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. Interim arrangements were also approved by the Conference of the Parties pending its entry into force. This first meeting was participated by delegates from 138 countries.

Another highlight of the meeting was the decision to establish an open-ended ad hoc Intergovernmental Committee for the Cartagena Protocol on Biosafety (ICCP) with a mandate to undertake the preparations necessary for the first meeting of the Parties to the Protocol. The ICCP is scheduled to hold its first meeting in the latter part of 2000.

Objective of the Protocol

The objective of the Cartagena Protocol is to help protect the environment and ensure the safe transfer, handling and use of living modified organisms (LMO's) resulting from modern biotechnology. It also takes into account risks to human health and focuses specifically on transboundary movement of LMO's. The Cartagena Protocol preserves the "precautionary principle" of international environmental law and puts environment alongside international trade-related issues.

II. Salient Features of the Cartagena Protocol

Incorporation of the Precautionary Principle

The Protocol has been acknowledged as a breakthrough in that it enshrines the "precautionary approach" as a principle of international environmental law and puts environment on a par with trade-related issues. The principle shall be used as a basis for decision-making. It implies that "preventive action should be taken in the face of scientific uncertainty, especially where there are threats of serious or irreversible social, economic or ecological damage."

Treatment of GMOs

The Protocol recognizes that genetically modified organisms are different from other goods and, thus, require their own set of trade rules.

Advance notification

Informed decision is enforced for parties involved in the transboundary movement of living modified organisms. The receiving party is informed in advance of the details of the living modified organism such as a risk assessment before the exporter performs the transboundary movement.

Decision procedure

After the advance notification is performed, decision from the receiving country follows whether the exporting country can ship or not the living modified organism to that country.

The Biosafety Clearing-House

A clearing house mechanism has been established by the Protocol to serve as a means through which information is made available in order to (a) facilitate the exchange of scientific, technical, environmental and legal information on, and experience with living modified organisms, and (b) assist implement the Protocol.

Signing

The Protocol was opened for signature at Nairobi, Kenya from 15-26 May 2000, and at United Nations Headquarters in New York from 5 June 2000 to 4 June 2001.