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Ethical Dilemma with Respect to CBD Regulations in Genetic Modification of Biological Resources in Cameroon

Document Cited authorities 2 Cited in Related
Vincent
Author
DOI10.3366/ajicl.2017.0209
Date01 November 2017
Published date01 November 2017
Pages507-518
INTRODUCTION

Imagine a wonder plant like Prunus Africana teeming with extraordinary chemical properties. Like most living organisms in a diverse but fragile biosphere, it is native to Cameroon which is one of the many poor countries of our global south. New developments in science, biotechnology and intellectual property rights (IPR) regimes have come together to fuel a turn to nature as a site for cosmetic, pharmaceutical and agricultural discovery work. In the early 1990s, this particular configuration of actors and regulatory regimes fuelled millennial claims about the possibilities inherent in such ‘pharmaceutical prospecting’ and the potential for massive benefits that could be garnered from the genetic wealth of areas with a high concentration of biodiversity. At the time, one of the most promising strategies employed to identify how this material and the attendant knowledge of its use could be collected and used was a practice called ‘bioprospecting’. The term is now generally used generically for any programme that endeavours to collect genetic material and/or the knowledge of its use, usually from areas with high concentrations of biodiversity.1

The increased demand for biodiversity, on the one hand, is driven by factors as diverse as plant breeding, drug development and ecosystem services, and, on the other hand, by decreasing supplies caused by overpopulation and globalisation and the ensuing habitat destruction and cultural homogenisation.2 Biological resources constitute the backbone of the African economy as well as the life-support system for most Cameroon people, especially in the marginalised rural communities. Many of these resources, such as timber and agricultural crops, are traded commercially, and others are used traditionally for crafts like basket-weaving and carving. In addition, many of the species with medicinal properties are harvested by local communities and pharmaceutical multinationals alike.

Biodiversity prospecting continues to be the exploration, extraction and screening of biological diversity and indigenous knowledge for commercially valuable genetic and biochemical resources. The vast majority of the growing number of bilateral bioprospecting agreements cannot be effectively monitored or enforced by source communities in countries, thereby amounting to biopiracy.3 The International Convention on Biological Diversity (CBD) entered into force in December 1993. The Convention offers a multilateral facade for addressing conservation and sustainable use of biodiversity. Article 8(j) of the CBD states that Member States shall ‘subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.’4 Although the Convention promotes bilateral deals (such as commercial contracts and other agreements for access to biodiversity) it is without plans to guard against ethical issues for access to and development of biological diversity. The Convention recognises that states have sovereign rights over their natural resources and those terms and conditions for access to these materials are within the domain of national legislation.5

Cameroon – among other African nations and communities – is faced with a daunting task when trying to govern access to genetic resources or ensure equitable sharing of benefits.

The interaction of social, cultural and economic factors in environmental and agricultural management is complex. In addition, the administrative regime of Cameroon endures a chronic shortage of financial and material resources. This is particularly challenging in the realm of genetic resources, which is simultaneously technical-, legal- and policy-oriented, cutting across many disciplines.6 The African Model Law on Local Communities Rights and other regional initiatives indicate that African nations increasingly recognise the practical, political and legal benefits of developing common African positions and approaches regarding genetic resources. These legal instruments and more are highlighted in this article as I discuss the ethical dilemma in genetic engineering in Cameroon.

 GENETIC ENGINEERING OF NATURAL RESOURCES: RISKS, BENEFITS AND IMPACTS ON SOCIETY AND THE ENVIRONMENT

According to a Guardian newspaper report, in 1994 more than 100 countries signed the International Convention on Biological Diversity that promised to recognise the property rights of developing countries. The Convention recommended all agreements endeavour to share any commercial benefit that emerges from collected species. Western medical, horticultural and cosmetic products are ‘pirated’ from Africa. Seven patents granted by the UK authorities now face accusations of biopiracy.7

Some of the biopiracies or exploitations include:

a diabetes drug being developed by a British firm that comes from the Libyan plant Artemisia judaica;

an immunosuppressant drug being developed by GlaxoSmithKline that comes from a compound found in a termite hill in Gambia;

a treatment for HIV taken from mycobacteria discovered in mud samples from the Lango district of central Uganda;

infection-fighting drugs from amoebas in Mauritius and Venezuela;

an anti-diarrhoea vaccine developed from Egyptian microbes;

a slug barrier made from a Somalian species of myrrh.8

 The Prunus africana, for example, is the fourth most popular medicinal plant used in the Mount Cameroon area and nearly all traditional healers in the Bioko island of Equatorial Guinea use its bark and leaves in their therapeutic practices. Prunus products are used as a purgative for cattle. In the Ijum Mountain area in the North West Region of Cameroon, concoctions produced from the bark and leaves are used in the treatment of malaria, stomach ache and fever. Traditional healers in the North West Region of Cameroon suggest that a mixture of Prunus bark with the bark of other species such as Trechilliasp and Oleacapeusis has proven to be effective against syphilis. Other reports suggest that a concoction of Prunus bark can regulate blood pressure and purify the blood, and is effective against asthma, mental disorder and urinary problems. Apart from its medicinal use, the timber of the species is reported to be...

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