AbdulRehman Foundation

The Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety is an international legal instrument that provides a framework for liability and redress concerning damage caused by living modified organisms (LMOs) that may have adverse effects on biodiversity and human health.

The protocol was adopted on October 15, 2010, in Nagoya, Japan, and entered into force on March 5, 2018. It is a supplementary agreement to the Cartagena Protocol on Biosafety, which is an international treaty governing the safe transfer, handling, and use of LMOs resulting from modern biotechnology.

The Nagoya-Kuala Lumpur Supplementary Protocol aims to enhance the implementation of the Cartagena Protocol by addressing concerns related to liability and redress for damage resulting from LMOs. It establishes rules and procedures for the assessment of damage, liability, and the provision of compensation.

Key provisions of the protocol include:

1. Scope: The protocol applies to damage to biodiversity and human health caused by LMOs in the context of transboundary movements.
2. Objective: The protocol aims to provide an international regime for liability and redress that is fair, efficient, and effective.
3. Liability: The protocol establishes a system of strict liability, meaning that the operator of the LMO is responsible for damage caused, regardless of fault or negligence.
4. Damage assessment: The protocol provides guidance on the assessment of damage, taking into account scientific and technical evidence.
5. Financial limits and exemptions: The protocol allows parties to set financial limits on liability or exempt certain categories of LMOs from liability provisions.
6. Supplementary Fund: The protocol establishes a Supplementary Fund to provide additional compensation to affected parties in cases where the liability of the operator is insufficient to cover the damage.
7. Access to justice and redress: The protocol ensures access to justice and provides for the establishment of domestic procedures to facilitate the provision of fair and prompt compensation.

The Nagoya-Kuala Lumpur Supplementary Protocol aims to promote the safe development and use of modern biotechnology while providing a mechanism to address potential damages caused by LMOs. It reinforces the implementation of the Cartagena Protocol on Biosafety by enhancing accountability and ensuring that those who cause harm are held liable and that affected parties have access to redress.

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