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Integrating Bioethical Concerns into Biosafety Law for Genetic Modification Technologies in Malaysia

Siti Hafsyah Idris

 In considering the use of modern biotechnologies, specifically genetically modified organisms (GMOs), the Malaysian government recognizes the significant potential benefits as well as uncertainties, risks and doubts of this emerging technology. Though great benefits of this technology could help meet future needs, yet, this technology is often accompanied by public debate over its potential risks, which includes bioethical issues. In mitigating these risks in a sustainable manner, biosafety framework is required in order to protect human, plant and animal health, the environment and biodiversity.

One of the means to manage the risks is through rule of justice based on law as a decisive technology solution. The government passed the Biosafety Act in 2007 to serve as an “umbrella act” which include the setting up of the National Biosafety Board as well as legal and institutional provisions tailored to comply with the Cartagena Protocol on Biosafety, with the objective to regulate the import, export, deliberate release, contained use and marketing of GMOrelated products in order to protect human, plant and animal health, the environment and biodiversity. The question is how does this law addressing bioethical issues and how effective the law in addressing this issue? The purpose of this paper is to analyse the extent to which this Biosafety Act 2007 and its regulations may be effectively integrating bioethical issues relating to GM crops in realizing its objectives. The article specifically focuses on bioethical issues provisions of GMOs under the Act and its regulations.