What happened at SBSTTA 26 of the UN CBD?

At the 26th Meet­ing of the Sub­sidiary Body on Sci­en­tif­ic, Tech­ni­cal and Tech­no­log­i­cal Advice (SBSTTA) to the Con­ven­tion of Bio­log­i­cal Diver­si­ty (CBD), Gene Dri­ves received sig­nif­i­cant atten­tion in the con­text of the CBD’s hori­zon scan­ning of new chal­lenges aris­ing from syn­thet­ic biol­o­gy as well as the Biosafe­ty Protocol’s guide­lines for risk assess­ment and risk man­age­ment.

At COP15 of the CBD in 2022, two piv­otal deci­sions on Syn­thet­ic Biol­o­gy and Gene Dri­ves had been adopt­ed and two ad hoc tech­ni­cal expert groups (AHTEG) had been estab­lished. A mul­ti­dis­ci­pli­nary AHTEG (mAHTEG) was charged with design­ing a hori­zon scan­ning, tech­nol­o­gy assess­ment, and mon­i­tor­ing method­ol­o­gy to eval­u­ate impacts of future tech­nolo­gies on bio­di­ver­si­ty. Its ‘mul­ti­dis­ci­pli­nary‘ char­ac­ter was hard-won and is still a con­tentious issue. Bar­bara Pilz of Stop Gene Dri­ves was amongst the mem­bers of this group. The sec­ond AHTEG (with­out ‘m’) focused on devel­op­ing vol­un­tary guide­lines for the risk assess­ment of genet­i­cal­ly engi­neered Gene Dri­ves.

The expert groups pro­duced reports on syn­thet­ic biol­o­gy and on case-by-case risk assess­ment of liv­ing mod­i­fied organ­isms con­tain­ing engi­neered gene dri­ves. Based on these reports, nation­al rep­re­sen­ta­tives gath­ered in Nairo­bi for SBSTTA 26 were expect­ed to draft rec­om­men­da­tions for COP16.

The first day of SBSTTA 26 saw both top­ics dis­cussed in the ple­nary, allow­ing the Chair to gauge whether these issues were con­tentious enough to war­rant fur­ther group dis­cus­sions (called “con­tact groups” in UNish) or if they could be addressed in the ple­nary itself. The risk assess­ment guide­lines for engi­neered Gene Dri­ves, devel­oped by the AHTEG, iden­ti­fied major risks and uncer­tain­ties, such as gene flow to non-tar­get species, poten­tial trans­bound­ary move­ments, and sig­nif­i­cant pub­lic health risks. While these guide­lines pro­vid­ed a foun­da­tion, they were crit­i­cized for using method­olo­gies for GMO assess­ment and not a Gene Dri­ve spe­cif­ic assess­ment. Ques­tions about poten­tial con­flicts of inter­est with­in this AHTEG were raised.

The dis­cus­sions on the AHTEG were less con­tro­ver­sial com­pared to those on Syn­thet­ic Biol­o­gy. How­ev­er, sig­nif­i­cant por­tions of the text were put in brack­ets, indi­cat­ing that no con­sen­sus was reached at the SBBSTA and fur­ther dis­cus­sions will be need­ed at COP16. The major­i­ty in the ple­nary wel­comed the work of AHTEG. How­ev­er, while some argued that there was no need for fur­ther AHTEG meet­ings, many coun­tries, par­tic­u­lar­ly African nations where Gene Dri­ves might first be test­ed, called for more refined guide­lines that could tru­ly aid prac­ti­tion­ers in assess­ing gene dri­ve risks. COP16 will now have to decide whether the Carta­ge­na Pro­to­col main­tains its expert group and con­tin­ues pro­vid­ing over­sight and resources to the par­ties, or clos­es this chap­ter. As usu­al, there was a gen­er­al agree­ment on the need for increased capac­i­ty build­ing. NGO as well as Youth observ­er groups empha­sized the pre­cau­tion­ary prin­ci­ple, crit­i­cized the over­re­liance on com­put­er mod­el­ing in the guid­ance mate­ri­als. They called for fur­ther AHTEG ses­sions and refined method­olo­gies.

In the Syn­thet­ic Biol­o­gy dis­cus­sions, the report from the mul­ti­dis­ci­pli­nary ad hoc tech­ni­cal expert group (mAHTEG) was insight­ful, despite the lim­it­ed time avail­able to assess tech­nolo­gies after exten­sive method­ol­o­gy devel­op­ment. The experts rec­og­nized that some assessed tech­nolo­gies war­rant­ed pre­cau­tion­ary mea­sures and broad­er eval­u­a­tions includ­ing socio-eco­nom­ic, cul­tur­al, and eth­i­cal con­sid­er­a­tions. The report specif­i­cal­ly rec­om­mend­ed to con­duct such in-depth assess­ments for Gene Dri­ves. Dur­ing the debates, there was a clear divi­sion between those favor­ing con­tin­ued hori­zon scan­ning and oth­ers advo­cat­ing for a shift towards capac­i­ty build­ing. The African group gen­er­al­ly saw the val­ue in an expert group that could assess emerg­ing tech­nolo­gies and inform state deci­sions, also call­ing for capac­i­ty build­ing, tech­nol­o­gy trans­fer, and coop­er­a­tion in the field of syn­thet­ic biol­o­gy. How­ev­er, dif­fer­ences emerged on what this would entail, with ask­ing when dis­cus­sions would shift from risks to ben­e­fits, hint­ing at an inter­est in devel­op­ing Gene Dri­ves. Mean­while, oth­er African states sought „appro­pri­ate“ tech­nol­o­gy trans­fers to avoid becom­ing dump­ing grounds for untest­ed and unsafe West­ern tech­nolo­gies.

A fac­tion with­in the room, par­tic­u­lar­ly Argenti­na, Brazil, Japan, and New Zealand, strong­ly sup­port­ed the call for rec­og­niz­ing ben­e­fits. Dur­ing the ple­nary, Argenti­na pro­posed an action plan on syn­thet­ic biol­o­gy that would pro­mote such tech­nolo­gies glob­al­ly.

The two options at hand dur­ing the con­tact group were quite oppos­ing:

  1. con­tin­u­a­tion of the mAHTEG with prop­er hori­zon scan­ning and capac­i­ty build­ing also for risk assess­ment and mon­i­tor­ing
  2. pro­mo­tion of syn­thet­ic biol­o­gy world­wide with a new action plan, and reduc­ing the mAHTEG to con­duct a lit­er­a­ture review

Brazil crit­i­cized the mAHTEG mem­bers as lack­ing exper­tise and oth­er states sup­port­ed this rea­son­ing. The mAHTEG’s assess­ments that these tech­nolo­gies posed risks not only to bio­di­ver­si­ty but also to soci­ety and liveli­hoods were obvi­ous­ly not well received by states pro­mot­ing syn­thet­ic biol­o­gy. There were fur­ther attempts to obstruct the process, in line with an inci­dent at COP15 where a del­e­gate boast­ed about „killing the process“ before COP16.

The rec­om­men­da­tions SBSTTA del­e­gates final­ly agreed to send to COP16 fails to reflect the mAHTEG’s clear for­mu­la­tions and rec­om­men­da­tions, par­tic­u­lar­ly on Gene Dri­ves.  It is cru­cial that the mAHTEG con­tin­ues in its cur­rent or an enhanced form, and not be dimin­ished to only review pre­dom­i­nant­ly Eng­lish lit­er­a­ture from most­ly West­ern insti­tu­tions and patent hold­ers. Also, capac­i­ty build­ing and tech­nol­o­gy trans­fer must reduce dis­par­i­ties between more or less indus­tri­alised coun­tries, rather than serv­ing as avenues for test­ing poten­tial­ly harm­ful tech­nolo­gies.

The doc­u­ment pre­pared for COP16 sug­gests that the cur­rent method­olo­gies are suf­fi­cient for assess­ing envi­ron­men­tal and socio-eco­nom­ic impacts of Gene Dri­ves, which is mis­lead­ing. These method­olo­gies were orig­i­nal­ly designed to assess the risks of GMOs cul­ti­vat­ed and trad­ed in restrict­ed agri­cul­tur­al envi­ron­ments. These are fun­da­men­tal­ly dif­fer­ent from Gene Dri­ves, designed to spread in the envi­ron­ment and alter entire species in their wild habi­tats. This inad­e­qua­cy extends to mon­i­tor­ing capa­bil­i­ties, mak­ing it chal­leng­ing to man­age GDOs effec­tive­ly if issues arise.

Sig­nif­i­cant efforts are required both before and dur­ing COP16 to ensure that par­ties advo­cate for the con­tin­u­a­tion of the mAHTEG on hori­zon scan­ning for syn­thet­ic biol­o­gy and the AHTEG on risk assess­ment. These efforts are cru­cial for devel­op­ing a tru­ly robust method­ol­o­gy for assess­ing the risks asso­ci­at­ed with Gene Dri­ves.

Pho­to by IISD/ENB Mike Muzu­rakis

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