Genetically Modified Organisms (GMOs) have become a global topic of debate, particularly concerning their safety and regulation.
In Nigeria, many are concerned about who is watching their food when it comes to GMOs. The government has established a robust legislative and policy framework, primarily overseen by the National Biosafety Management Agency (NBMA), to do this policing.
This comprehensive system ensures the safe application of modern biotechnology, balancing the potential for development with the imperative of protecting human health, animal life, plant life, and the environment.
However, this multi-layered approach involves various laws, policies, and institutional arrangements.
The Legal and Policy Landscape
At the heart of Nigeria’s GMO regulation is the National Biosafety Management Agency Act, 2015. This foundational law establishes the regulatory framework and institutional mechanisms to prevent potential adverse effects from modern biotechnology.
Complementing this act are several other crucial pieces of legislation:
- The Plants (Quarantine) Act regulates the import and export of plant species and controls plant pests, indirectly influencing GMOs.
- The National Agricultural Seeds Act 1992 empowers the National Agricultural Seeds Council to oversee the development and regulation of the national seed industry.
- The National Agency for Food and Drug Administration and Control (NAFDAC) Act mandates NAFDAC to regulate and control a wide range of products, including food, drugs, and chemicals, which would encompass GMO-derived products.
- The Customs and Excise Management Act governs the management and collection of customs and excise duties, relevant for the import and export of GMOs.
Beyond specific laws, several national policies provide overarching guidance for biotechnology and environmental protection:
- National Policy on Biotechnology: Focuses broadly on all aspects of biotechnology, including research and development.
- National Policy on Environment: Integrates environmental concerns and sustainability into various economic sectors, including agriculture.
- National Policy on Agriculture: Aims to build an agricultural economy that ensures food security and sustainable growth.
- National Policy on Health: Strengthens the national health system, which includes safeguarding public health from potential risks associated with GMOs.
- National Policy on Science and Technology: Seeks to build a strong science, technology, and innovation capacity.
- National Policy on Trade: Encourages the production and distribution of goods and services, including those potentially derived from modern biotechnology.
Institutional Oversight: The Watchdogs
As already stated, the National Biosafety Management Agency (NBMA) stands as the primary “Competent National Authority” with direct oversight on biosafety issues in Nigeria. Its Governing Board is a testament to the multi-sectoral approach, comprising representatives from key government ministries, professional associations, and civil society organisations, including:
- Federal Ministry of Environment
- Federal Ministry of Agriculture and Rural Development
- Federal Ministry of Science and Technology
- Federal Ministry of Industry, Trade and Investment
- Federal Ministry of Health
- Nigeria Customs Service
- National Agency for Food and Drugs Administration and Control (NAFDAC)
- National Biotechnology Development Agency
- Biotechnology Society of Nigeria
- Conservation Non-Governmental Organizations (NGOs)
- Organised Private Sectors
This diverse representation ensures a holistic perspective in regulating GMOs, considering environmental, health, economic, and social implications.
Protecting Nigeria’s Resources and People
The core scope of Nigeria’s GMO policy is to protect the nation’s natural resources and the health of its citizens from the potential adverse effects of GMOs. This is achieved through:
- Rigorous Regulation and Monitoring: Evaluating and overseeing the development and use of GMOs within Nigeria.
- Risk Assessment Criteria: Establishing clear criteria for assessing potential risks associated with GMO use.
- Capacity Building: Developing local expertise to effectively manage and mitigate risks.
- International Collaboration: Promoting links with regional and international biosafety institutions.
- Benefit Assessment: Establishing mechanisms to assess the benefits derived from GMO use.
- Public Engagement: Ensuring public education, participation, and consultation in policy implementation.
Fundamental Principles Guiding Regulation
Nigeria’s biosafety policy is rooted in several fundamental principles:
- Consistency with National Goals: Aligning with Nigeria’s sustainable development objectives, the Constitution, and international conventions like the Convention on Biological Diversity (CBD).
- Sovereign Rights: Asserting Nigeria’s sovereign rights over its natural and genetic resources and the authority to regulate activities that may affect them.
- International Compliance: Adhering to the National Biosafety Management Agency Act 2015, the CBD, and the United Nations Conference on Environment and Development (UNCED) for regulating transboundary movement of Living Modified Organisms (LMOs).
- Balanced Approach: Striving for a balance between utilising modern biotechnology for development and regulating it sustainably for economic growth and public welfare.
- Transparency and Scientific Soundness: Ensuring that NBMA’s decision-making process is transparent, scientifically sound, and considers environmental, public health, socio-economic, and cultural factors.
- Precautionary Principle: Applying the precautionary principle, meaning that a lack of full scientific certainty about risks will not be used to postpone protective measures.
- Benefit Sharing: Ensuring equitable benefit sharing (financial or otherwise) from applications and inventions derived from traditional knowledge related to biotechnology.
- International Cooperation: Collaborating with other African countries to ensure safe biotechnology practices.
- Mandatory Risk Assessments: Requiring the NBMA to carry out risk assessments on GMOs before approval.
Key Policy Goals and Objectives
The overarching goal of the National Biosafety Policy is to ensure appropriate protection of human, animal, and plant health in the development and application of modern biotechnology, while safeguarding the well-being of Nigeria. This is achieved through specific objectives, including:
- Effective Regulation and Management: Implementing robust systems for the production, release, commercialisation, import, export, and transboundary movement of GMOs to prevent adverse effects on health, environment, food security, and biodiversity.
- Risk Mitigation: Preventing, minimising, or eliminating negative effects of GMOs on human health and biodiversity.
- GMO Labelling: Establishing regulations for clear and informative GMO labelling.
- Institutional Framework: Providing a framework for national decision-making, networking, R&D monitoring, and international cooperation.
- Public Awareness and Participation: Facilitating public awareness and engagement in biosafety policy and transparent decision-making.
- Capacity Building: Increasing national institutional capacity to implement and monitor the biosafety framework, including training in regulatory management, risk assessment, and risk communication.
Ensuring Accountability and Public Trust
Nigeria’s commitment to responsible GMO regulation is further underscored by principles such as:
- Liability and Redress: A comprehensive regime for liability and prompt compensation for damage resulting from GMO transfer, handling, or use, consistent with the “polluter pays” principle.
- Consumer Information and Choice: Mandating clear labelling of genetically modified products using international norms to enable informed consumer choices.
- Data Disclosure: Full disclosure of safety test data and research results on GMOs.
- Prioritising Public Health and Environment: Ensuring that decisions on biosafety issues do not favour commercial considerations over public health, environment, and safety.
- Certification of Laboratories: Requiring modern biotechnology and analytical GMO laboratories to obtain certification from the NBMA.
- Prohibition of Unpermitted GMOs: Strictly prohibiting any GMOs without a permit in Nigeria.
In conclusion, Nigeria has established a robust and comprehensive regulatory framework for GMOs, with the National Biosafety Management Agency at its helm.
This intricate system of laws, policies, and institutional arrangements, guided by fundamental principles like the precautionary approach and public participation, aims to strike a delicate balance between harnessing the potential benefits of modern biotechnology and safeguarding the health of its citizens and the integrity of its environment.
Through continuous monitoring, risk assessment, and adherence to international best practices, Nigeria strives to ensure that its food remains safe and its natural resources protected in the era of genetically modified organisms.
