Liability clause hurts Tanzania farming research

madboy

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Jul 14, 2009
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DAR ES SALAAM, Tanzania - The delay to remove a clause on strict liability for agricultural technology has been blamed by scientists for driving away donors, who are ready to fund research projects.

Scientists say the clause may also negatively impact President Jakaya Kikwete's call, for scientists to conduct research on genetically modified organisms (GMOs) so as to establish the practicality of the technology in the country.

Basically the clause means that if anything goes wrong, the researchers are liable.

A Member of the National Biosafety Advisory Committee, Dr Roshan Abdallah said amending the 2004 NEM Act would help scientists get approval for research into the safety of biotechnology.

The scientists were speaking during a visit by journalists at the Mikocheni Agricultural Research Institute (MARI) last week. It was organized by the Open Forum on Agricultural Biotechnology (OFAB), Tanzania Chapter.

The scientists said donors have been running away from sponsoring agricultural research specifically on GMOs due to strict liability clause in the 2004 NEM Act.

The ongoing hurdles among scientists around the country over the delay to review and repeal of a clause that holds any liable to punitive sanction should anything go wrong in development of agricultural technology, the scientists said.The National Coordinator of Open Forum on Agricultural Biotechnology (OFAB), Tanzania Chapter, Philbert Nyinondi said the strict liability is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent.

It has been applied to certain activities in tort, such as holding an employer absolutely liable for the torts of her employees, but today it is most commonly associated with defectively manufactured products.

However, Tanzanian scientists are optimistic that the government's vow to fund tissue culture technology in the 2014/2015 national budget would assist farmers to battle vulnerabilities of their traditional crops.

A Senior Researcher of the Tanzania Commission for Science and Technology (COSTECH), Dr Nicholas Nyange said if the application of the biotechnology would delay due to this clause, there is no need to worry because the government is willing to fund tissue culture.

"As long as the government is able to fund tissue culture, this could also be used as a way of helping farmers to fight against diseases," Dr Nyange told East African Business Week last week.MARI's Head of Cashew Biotechnology, Dr Emmarold Mneney asked the government to transfer banana tissue culture to small-scale farmers so as to defeat challenges that contributes to the declines of the agriculture sector."If the government wants to overcome the challenges that deteriorated the agriculture sector as well as boosting productivity and production, they have to transfer knowledge to smallholder farmers, who are many," he said.Dr Mneney said tissue culture technology is the best option for them.

He insisted, if exploited efficiently in the agricultural sector, the technology could save commercial farming and hence boost the nation's forex earnings.
 
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