The Shylock Antecedent

There are serious concerns regarding genetically modified products and the operations of the biotech companies who produce and seek to widely establish and dominate world markets with their products.

There is credible evidence that the operation and practices of some of these multinational organisations is geared towards dominating third world food produce. Their activities forces compliance to their methods, destroys the choice to grow and maintain alternate farming products and causes distress and hardship to local farmers

These are genuine concerns.

We can argue, that the problem facing third or developing nations in terms of agriculture is irrigation and lack of resources, to undertake mechanised systems to produce organic food on a large scale. There is no question about the benefits of the organic farm produce. While it is still largely the default food source for farmers and people in the poor and developing nations, it is globally the preferred food choice of the elite, the savvy and well-to-do, including those who work to produce GM products.

The argument of the GM brigade, is that it is the answer to the problem of world food sufficiency. How much resources is spent trying to force GM foods down the throats of nations, who are stiffly resisting every inch of the way. Why not invest some of those resources in developing and protecting organic produce, which is now under threat of extinction. Why is it necessary to force doctored food down people’s throats.

Facing the nation is the Plant Breeders Bill, particularly Clause 23, which is widely seen as a loophole advancing the objectives of the large biotech producers of GM foods. The particular concern is that, personalities in the government, in a self seeking move may succumb to inducements and pass the bill in its current form.

Well, those who will be influenced, like Judas Iscariot have probably accepted their pieces of silver and might be waiting to kiss Jesus Christ, so that he can be nailed to the cross.

For the rest of the Ghanaian people and politicians, who have genuine concerns and would like to see changes to the current bill, the reassuring point is that, the Plant Breeder’s Bill cannot supersede the sovereignty of the nation. Parliament can make specific laws for the operations of GM organisations and no law that they may wish to rely on will supersede those. The only redress which will be available to any plant breeder will be to adhere to the laws of the nation or not operate in the country at all.

According to Dr Yakubu Alhassan of Ghana’s Ministry of Food and Agriculture (MOFA), The Plant Breeder’s Bill is intended to protect people and institutions who develop new varieties in food and agriculture. ( http://afkinsider.com/33309/ghana-plant-breeders-bill/)

If that is the case, why is it necessary to have a clause in the Plant Breeders Bill, which states specifically thus;

“A plant breeder right shall be independent of any measure taken by the Republic to regulate within Ghana the production, certification and marketing of material of a variety or the importation or exportation of the material.” [ Clause 23. Plant Breeders Bill - currently before the Ghana Parliament. ]

You can sweep the entire Clause 23 away and simply write: “Plant breeders will operate outside the law.” [It means exactly the same.] Why anyone will seek to have such a bill is beyond belief. It is a maverick legislation, allowing people and organisations to operate outside the law and it will be inimical to the people of the nation.

One method of controlling the effect of Biotech companies is to create a defence legislation with a charge of treason or working against the nation and its people. It should outline and prevent any person, group or organisation from independently developing or deploying within the country, any biological or chemical product or substance of the kind which can have the effect for use in chemical or biological warfare. This ensures that the activities of biotech companies can only fall within strict guidelines and their products can never be used for any undesirable use.

With no such safeguards in the national constitution, Clause 23 of The Plant Breeders Bill is of no benefit to the nation, it is wholly unnecessary and it is not being pushed out of concern for the welfare of the people. It will be a dangerous piece of legislation and likely to pose a danger to the people and the nation.

Better still, there should be some minimum precursors before considering the current bill.

1. Clause 23 of the current bill must be removed [ Not amended. ] It is a rogue clause and has no place in Ghana.

2. The following should also be considered in some form.

(a) No Plant breeder shall conduct any experiment which will involve the effect of any material, chemical or substance on any human tissue.

(b)Not excluding relevant provisions [ if any ], information on any material, chemical or substance employed for use in the country by a Plant Breeder, shall be available to the Ghana Government for the purposes of national security, the health and well being of the nation.

(c) No Plant Breeder may seek to develop a feral product of a type that is likely to contaminate, dominate or colonize any food chain or source.

(d) No Plant Breeder making use of this legislation may bring any suit or seek redress under any law, against another person or the government, for any inadvertent use or transfer of protected material or food substance, unless the Plant Breeder has taken necessary steps to ensure that such a transfer does not take place.

(e) The Ghana government reserves the right, in the light of potential infringement or threat thereof, to direct the cessation of all activities of a Plant Breeder and the said Plant Breeder will be liable for any exposure to danger and/or damage caused directly or indirectly by the activities of the Plant Breeder. [ end ]

This is not exhaustive, but suggestions can be invited from experts, people and pressure groups, to generate a strong and robust safeguard.

This will ensure that local farmers are not subject to any frivolous suits by any organisation, simply because some pollen inadvertently blew onto their crops or some chemicals seeped or spread onto their produce. It will also mean that no organisation will be able to use such a ploy to force local farmers to enter into any unlawful subservient arrangement or compliance.

Every national farmer should be free to go about his or her business and make a choice to stick to any kind of farming practice, without any harassment, threats or other detriment.

If you don’t go to a concert and you can hear the music through the walls, you cannot be charged. If the concert organisers do not want to you to hear the music outside the venue, it is their duty to insulate the venue. They cannot charge you for sound which travels through the walls.

What we have now, is a classic analogy with some biotech organisations who introduce their products which is feral and acts like the sound from the concert. They may then initiate suits or threats to enforce payment or compliance to their terms, and farming methods.

It is important to ensure that only well meaning organisations can find it conducive to work with the nation and that none of those, would seek to make life unbearable for any citizen of the nation.

If having robust national laws, means that investments will not be made, then I think the people should be given the choice to decide whether they would rather have the investments and have renegade biotech organizations roaming the countryside unchecked, or whether they prefer to stick with their meagre food source and still have their peace.

Of course, there is the third option which is: organizations are welcome, but they would not be allowed to run amok. They will toe the line, be subject to national and international laws, just like everyone else.

Genetically modified foods is not the only solution to the third world food problem. It is perfectly possible to have the same level of investments in developing and producing non GM food. It is the preferred choice of the people, and no one should legislate to have anything else forced down their throat.

Jedd Rii.