STATEMENT ON THE DISCUSSION OF LMOs O TRANSGENIC AND THE RULES OF THE SECTOR OF THE MINISTRY OF AGRICULTURE
to understand in an objective dimension to do with the publication of the Rules Sector (Supreme Decree N º 003-2011-AG), Ministry of Agriculture - MINAG on living modified organisms ( LMO) or transgenic agriculture and forestry, it is necessary to consider the following:
The Convention on Biological Diversity (1992, ratified by Peru) and the Cartagena Protocol on Biosafety (2000 and ratified by Peru) not prohibit the use of LMOs, but rather to warn that could be harmful to human health and biodiversity, and that caution should be exercised in their use and their cross-border traffic. It states that each country regulates its use by national authorities. Peru, by Law No. 27,104-Law for the Prevention of Risks from the Use of Biotechnology (1999) known as the Law on Biosafety, establishing the relevant sector organizations (CSOs) and their functions.
Realising the Biosecurity Act and its regulations (Supreme Decree N º 108-2002-PCM) there was no Ministry of Environment - MINAM, only the National Environmental Council - CONAM. That is why the MINAM is the national authority in these matters, but the coordinating intersectoral focal point for compliance with the Convention and Protocol referred to above.
With the creation of MINAM in May 2008 (Legislative Decree No. 1013) is given the responsibility of complying with constitutional mandates on the conservation and sustainable use of natural resources, biodiversity and natural protected areas and sustainable development of the Amazon, as well as ensuring compliance with international treaties and conventions on the subject. For this the MINAM attends international meetings in this field and promotes national dialogue to achieve consensus in favor of sustainable development. For these reasons the MINAM established a Directorate General Diversity Biological technicians that specialize in these issues.
The Rules of the said Act lays down three CSOs in Peru: National Institute for Agricultural Research - INIA, Ministry of Agriculture, the General Directorate of Environmental Health - DIGESA in the Ministry of Health, and the Vice Ministry of Fisheries in the Ministry of Production. Each of these CSOs should regulate the use of GMOs in their respective jurisdictions.
Since 2002, MINAG through INIA, has been coordinating with CONAM, and since 2008, with the MINAM, its Rules Sector. Upon taking office was MINAM sectoral draft regulations on the subject. This draft regulations were coordinated with the INIA in numerous meetings and in September 2009 a text was agreed upon among experts from both institutions, which was not official.
In May of 2009 was passed and enacted the National Environmental Policy (Supreme Decree 012-2009-MINAM), which, inter alia, establishes the guidelines for the conservation of biodiversity, including native genetic resources, and treatment of LMOs.
Sector
The Rules promulgated by the MINAG and based on the text of 2009 has been coordinated on 11 and 12 of this month with the MINAM and has succeeded in introducing important aspects where MINAM participate in decisions, although not binding, because the current law does not permit, and would only be possible with the modification of the Biosecurity Act. For the MINAM may be involved in decisions on the introduction of LMOs has been amended Article 10 of the Rules of the Biosecurity Act, achieving specifically include a representative of MINAM in the Technical Group Sector - GTS OSC Agriculture Sector .
The country had two possible paths to follow in this case whether to accept LMOs: (1) regulate its use through the OSC, as required by the legal framework and / or (2) achieve a moratorium them through the Congress, in order to scientifically analyze the potential impacts and to have the infrastructure and institutions essential to a possible presence of LMOs in the country. Environment Minister on several occasions discussed the issue in congressional committees and strengthened the proposal of a moratorium. This following several congressmen submitted draft moratorium of 3 to 15 years. Other countries took similar decisions, including Switzerland, which declared a moratorium of 12 years. Applying for a moratorium is a perfectly legal act based on international conventions and the laws of Peru.
Discussions in the country were long and continuing today, and we have defined two positions: one in favor of the introduction of LMOs, and one against, or with extreme caution. Fans of the first position argue that it is impeding the development of modern biotechnology that followers of the second position is "obscurantist" without LMOs prevents poor farmers out of poverty, and that the country needs of LMOs for food security today and tomorrow.
The MINAM, as its mandated constitutional, legal and National Environmental Policy, has a duty to ensure our biological diversity, including our genetic resources and promote its rational use to generate wealth, overcoming poverty and support private and public institutions in their development and conservation. Today
Peruvian biological diversity and genetic resources, which are essential for organic production, generate increased income to the country and the thousands of producers, of which more than 40 000 have already an international organic certification, and are a huge source of jobs, making it necessary to develop their potential and strengthen the position of Peru in a competitive manner in the most demanding markets worldwide. It should be noted that LMOs are incompatible with organic production. Today
exports of organic products and natural, and safe food exceed $ 3000 million per year and demand is continually growing, offering the opportunity to position the country in a very competitive world markets. LMOs are only imported products (soya, maize and some others) to feed farm animals or for use in human food industry.
Tens of thousands of farmers, especially small, rely on organic and natural, and have made tremendous efforts to achieve international certification to access markets. The concern of organic producers is that the introduction of LMOs that could undermine the gains in production organic. Today Peru is a leader in exports of organic and natural products such as cocoa, coffee, purple corn, tare, cochineal, banana, chestnut, camu camu and fish products, among many others.
Being in favor of our biodiversity and our genetic resources does not mean being against modern biotechnology, where transgenesis is only a minor part, as most modern biotechnology is done through hybridization and other methods perfectly compatible with biodiversity conservation. In this sense there is a considerable potential for the development of modern biotechnology based on our biodiversity and our genetic resources.
is necessary to take into account that LMOs are owned by companies holding patents on them, and their use is regulated by international and national rules on intellectual property. Technology is not easily appropriable by farmers because the seeds are freely available and exchange, as happens with conventional varieties or native. But it does not favor our small farmers, but they can cause economic and technological dependence that most of them is the ability to cope.
is necessary to clarify that LMOs are already used in the country as imported products (corn, soybeans, glowing fish, etc.) and, therefore, it is imperative that CSOs develop and promulgate their respective rules to avoid informality and has the necessary supervision. It is essential to comply with the provisions of the Code and Consumer Protection (Law No. 29,571), to label products containing GMOs so that consumers can choose freely their right to consume or not.
The MINAM, in fulfilling their mandates and competencies, will ensure the conservation of Peru's biodiversity and the development of our competitiveness in the markets for organic producers to improve their income, create jobs in rural poverty and achieve position Peru in the most competitive and demanding markets, each day increasingly seeking organic, natural and safe.
San Isidro, April 25, 2011
Office of Communications Ministry of Environment
www.minam.gob.pe
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