DISCUSSION
DOCUMENT towards the establishment of a
NATIONAL
CONSULTATIVE COMMITTEE on ETHICS in SCIENCE and TECHNOLOGY (NCCEST) Revision 2
Aug 2001 dfh (see Note)
1. Background
The purpose of
this document is to
§
set out the background to the debate around ethics,
§
to review briefly the situation in the country in respect of
the ethics debate and
§
to provide a motivation for the establishment of a National
Consultative Committee on Ethics in Science and Technology in South Africa.
A separate document sets
out a proposed charter for such a committee.
This document has been
updated to reflect the input from a workshop on 3rd July 2001 which
is principally to be found in Section 10 onwards.
There is very little awareness among the general
public about the notion that the practice of science is generally governed by
ethical considerations and that they have some rights and responsibilities in
this regard. In South Africa, science has, by and large, proceeded as a law
unto itself with very little intervention from the general public. The abuses
of science as revealed at the hearings of the Truth and Reconciliation
Commission attests to this assertion. Of note as well, is the silence by the
science community on these abuses. There have been no concerted or visible
attempts to mobilize awareness or to raise the consciousness of scientists
about such abuses and to ensure that they are never repeated. South Africa is
thus desperately in need of a mechanism to educate the South African public
about ethics in science and ensure that public opinion and ethics are heeded in
the practice of science.
South Africa’s readmission into the global community
and the explicit political commitment to facilitating an African Renaissance
provides the context for articulating unique national and regional positions in
the arena of Science and Technology. Although South Africa has a diversity of
specialized ethics committees serving the different areas of science, there is
no ethics committee with an overarching mandate to monitor ethical practice
across the whole spectrum of science and technology.
At the 15th NSTF
Plenary meeting held on 18 March 1999, Judge Albie Sachs ( a respected judge of
the Constitutional Court and an expert on Human Rights issues -- also a member
of the International Commission on Bio-Ethics) gave a presentation on the UN
Guidelines on Bio-Ethics with special reference to the South African situation.
He challenged SA to become involved in the UNESCO Ethics programme administered
from Paris, France.
A delegation of the NSTF
attended the "World Conference on Science" held between June and July
1999 in Budapest. On their return and after reflecting on the papers presented
on ethics in developing countries, they proposed that a national committee be
set up with a broad mandate to deal with all issues relating to ethics in
Science and Technology.
In March 2000 a visit was
arranged for Mr Georges Kutukdjian, the Senior Director of the Division of
Ethics in Science and Technology at UNESCO to South Africa to address the 17th
plenary of the NSTF and during his stay he conducted a workshop and addressed
various seminars and groupings around the country. His recommendations are set
out in this paper
Note. In the original version of the document the
proposed committee was titled the National Ethics Committee (NEC). This has
been changed throughout this document as well as in the draft Charter for
consistency and to avoid confusion.
To
facilitate a common platform and basis for discussion and deliberation, this
section attempts to frame the notion of ethics and to offer tentative
definitions for our purposes.
In its
most comprehensive form ethics may be described as a philosophical discipline,
primarily concerned with the evaluation and justification of norms and
standards of personal and interpersonal behaviour.
A standard
general definition from the Oxford English Dictionary refers to “the science of
morals, the study concerned with the principles of human duty”. For Homan
(1991) ethics is the science of morality and those who engage in it determine
values for the regulation of human behaviour.
Homan
argues, however, that when ethics is applied and developed within a particular
professional context such as medicine or social research, it takes on a
distinctive form and the general definitions and philosophical accounts become
inappropriate.
Ethics is
often treated as the study of moral questions and morality as the quality or
standard of actual conduct. Debates and professional statements, which pass for
ethical practice in research, are often highly prescriptive and too closely
applied to the realities of the research situation without reference to wider
contextual issues.
Grace (1998) concurs and
challenges the technicist conceptions of research that helps sanction and
reproduce the myth of objectivity. He argues that there is a need for
researchers to write accounts, which show the limitations of technicism, the
ideological and historical struggles behind the assumed logic and sequence of
objectivity. An abandonment of the pretensions of a recontextualised form of
natural science begins by recognizing that it is pre-eminently a humane study
with a humane intent. This implies a culture, which is participative,
critically reflexive, culturally sensitive and intent upon the enhancement of
human potential and the dignity of persons.
Raidt
(2000) argues that in recent years political leaders have appealed for help to
restore the moral fibre of the nation. For example, President Mbeki referred
recently to morality, ethics and spirituality as essential facets in the search
for the moral renaissance of our society. For Raidt then, ethics is concerned
with what is good for human beings, and for the flourishing of human societies.
In defining the good, we seek to determine the conditions necessary to promote
well being, health and happiness of all, and pre-empt what would be
destructive.
Ethics
then is the philosophical sub-discipline that reflects methodically and
systematically on the questions of what is morally good; it reflects about
morality. Ethics cannot produce morality and as times change, we need to
constantly re-evaluate and re-articulate the broader ethical vision that
informs our moral codes.
In
conclusion, ethics as a practical discipline demands the acquisition of both
knowledge of moral principles and rules, and skills on their application to the
problems of daily life and decision-making. Sound ethical practice presupposes
the development in individuals and society of corresponding virtues and shared
values based on universal principles, and reasoned debate that demystifies
power relations and clarifies the basis of power sharing. Given the South
African context it is hardly necessary to expound further on the range of
unresolved dilemmas and challenges our predicament forces us to confront.
The key principles of
ethics are well documented and may be stated as follows:
§
Respect for human beings (Ubuntu or Botho)
§
Beneficence (improvement of the well-being of human beings)
§
Justice (concept of equity and equality)
4.1 Input from Kutukdjian
and other thinkers
In his presentation to the
recent NSTF plenary, Kutukdjian (2000) pointed out that “the scientific
research community now considers that ethical reflection is part and parcel of
development in this field and that this implies a constant questioning of the why’s
and wherefores of our actions”. He maintains that the reflective debate that
will be engendered by ethical committees should be conducted in public with the
informed participation of citizens and decision-makers and as such should be
regarded as a democratic necessity. He states further that
“Scientific
progress brings with it short-term and long term changes whose repercussion
must be assessed from an ethical standpoint. The globalization of risks does
not necessarily imply a globalization of solutions, which are often regional or
national. It is therefore necessary to seek and adopt solutions that respond to
the diversity.
He further
expressed the belief that scientific progress and technological innovation have
never before shaped economic modes of production, social relations and
lifestyles in the critical way that they do today. Society and decision-makers
are becoming increasingly aware of the potential impact of this new form of
power as they gauge the consequences of the spectacular progress and the
changes wrought in daily life by science and its applications.
Raidt
(2000) refers to the moral crises that rebound into an ethical one as we search
for ethical solutions to modernity’s problems.
Worldwide there is
recognition of the need for ethical reflection to underpin scientific research
and foresee the impact of it applications.
This has resulted in the
establishment of ethics commissions, councils and committees of which the
following typology according to Kutukdlian is typical:
a)
at the local level a committee could be attached to a local
hospital for guidance about questions raised in connection with hospital practices
b)
at institutional levels an ethics research review board
attached to tertiary institutions or a research funding agency is expected to
examine protocols from an ethical standpoint
c)
at the professional level committees will deal with esoteric
disciplinary matters relating to medical ethics or mental health practices
d)
at the national level an ethics committee or commission
gives its opinion or formulates recommendations on topics submitted to it by
various governmental bodies or civil society role players.
This structure is
considered to be important since the institutions serve different purposes and
fulfil different functions and its existence is therefore important. What
becomes critical is that there needs to be co-ordination and interaction
between the various levels and some consolidation of national positions and
protocols to guide behaviour.
He strongly recommended
that South Africa set up an independent national ethics committee which was holistic in nature and would make
pronouncements on ethical issues. This committee does not need to both player
and referee as has been the case in earlier times.
4.2 South African situation
In South Africa , attempts
are being made by different institutions, associations and Government
Departments to address the issues of ethics. These include
a)
Academic institutions and Research Councils.
Efforts are
being made by these bodies to improve or establish acceptable codes of ethics
in accordance with the ICH Guidelines for Good Clinical Practice that
have their origins in the declaration of Helsinki. Some of these institutions
are offering courses on ethics to their students.
b)
Pharmaceutical Industries
These industries
are doing their best to keep up with modern requirements on ethics. They are
involved in desseminating information and training investigators on ethical
issues.
c)
Government Departments
A number of
government departments are also responding to the almost regular reports on the
violations of ethics in science.
§
The Department of Health has recently concluded a
consultative process around the creation of a national health research ethics
committee, which culminated in the establishment of an interim-working group.
The latter will soon become a ministerially appointed steering committee, which
will operate until a new body is formally constituted.
§
The Department of Arts, Culture, Science, and Technology
(DACST) has also expressed its concern about the need for ensuring that South
Africa has a policy and regulatory framework for understanding the social
impact of innovative projects and their applications of new technologies. The
intention is to ensure that as we progress and become more competitive
globally, we will not damage our social fabric and cultural foundations irreparably.
§
Similar reverberations have been experienced in the
Agricultural Research Council as it grapples with the new unknowns of
genetically modified organisms in terms of the larger issues of radically
reconfiguring the world as we know it and the long term effects on public
health and the environment. Protection of the environment in the face of
promoting sustainable development and a better quality of life for indigenous
communities is another emerging area of concern.
It is
hoped that the establishment of a National Consultative Committee on Ethics in
Science and Technology in South Africa. will assist in closing the gaps between
the ambits of the different subject-specific committees and assemble a more
comprehensive picture on the total situation. The committee is also expected to
stimulate public debate on issues which are country/region-specific and are not
sufficiently covered by existing conventions. For example, it is doubtful
whether ethical issues related to HIV/AIDS, a scourge of the developing
countries, are sufficiently covered by existing international conventions.
4.3
Situation in developing Countries
Developing
countries are also putting a lot of faith on science as a vehicle for
development yet this faith is not backed by sufficient checks and balances with
regard to ethical matters related specifically to the values of these
countries. In other words, while science is expected to improve the quality of
life of people, there is also the danger that it emasculates the people by
robbing them of the right and ability to decide what is desirable and
acceptable. Developing countries have therefore an added responsibility for
demystifying the concepts of science to the larger society and building bridges
between indigenous concepts and norms and science.
At the
Conference of Heads of State and Governments of the Organization for African
Unity (OAU) at its 32nd ordinary session (Yaounde, Cameroon 8-10
July , 1996 a resolution was adopted
AHG/254
Which "pledges to set up (ethics)
consultative bodies at both country and inter-African levels to promote the
exchange of experience obtained among such bodies."
4.4 Advice from UNESCO and
the UN
The United Nations has also
mandated the need for the establishment of National Ethics Committees. The
United Nations Human Rights Commission, at its 53rd session in April
1997, adopted resolution 1997/71 on Human Rights and Bioethics” inviting
Governments to consider establishing
§
independent,
§
multidisciplinary and
§
pluralist committees of ethics”,
in cooperation with UNESCO.
In November 1995, the 28th session of the General Conference
stressed the importance of ethics committees by adopting Resolution 28 C/2.2.
which “invites the Director-General to provide assistance to those States which
may request it for the creation of national ethics committees to be concerned
with the protection of universally recognized rights and freedoms"
In line with this
resolution, the South African National Commission for UNESCO, approached the
Director of the Division of the Ethics of Science and Technology at UNESCO to
assist in the formulation of an approach to the establishment of a National
Ethics Committee in South Africa and this led to his visit ion March 2000.
This position was
re-emphasized at the 29th session of the UNESCO General Conference
on 11th November 1997 at which "The Universal Declaration on
the Human Genome and Human
Rights " was adopted.
The text of the 1995 resolution was repeated in Clause 16 of the Declaration
and the three conditions above are re-stated. Under this article the national
ethics committees must meet three conditions :
§
They must enjoy a degree of independence that provides for
full and free discussion,
§
they must be multi-disciplinary so that the issues raised
can be properly grasped
§
They must include not only scientists and jurists but also
philosophers, specialists in the human sciences (anthropologists, sociologists,
etc. ) and representatives of civil society such as NGO's as well as minority
groups or representatives of women and youth organizations.
The threefold vocation of
national ethics committees are stressed:
§
They must conduct ethical reflection on progress in science
and technology and must take account of the arguments that might be put forward
by researchers and practitioners as well as the various demands made by
society. This task of reflection that goes together with scientific progress
must also look ahead to issues that may arise in the future.
§
They must fulfil an advisory role. Ethical reflection leads
to the formulation of guiding principles which draw inspiration from
universally recognized rights and freedoms, and detailed advisory opinions. In
this way, the ethics committees will enlighten the lawmaker and, in general,
those public and private sector managers in the decision-making process.
Furthermore, by defining the rules of conduct, they may also guide researchers
and practitioners in their activities.
§
The national bio-ethics committees must foster education,
training and information in this field for specialist groups as well as for the
public at large. They must encourage a broad public debate, with the
participation of the scientists. Thus they will re-inforce the process by which
society as a whole as well as its members individually become aware of the
responsibilities incumbent upon them in the face of the issues raised by
scientific research and their applications. This action is indispensable to
enabling informed participation by all the actors in the choices that society
will have to make in these fields.
This
section presents a selective summary of trends from several long-established
national commissions, councils and committees, and also refers to some more
recently created ones.
At present, such committees
exist in every region of the world to name but a few, for example:
Australia, Bulgaria, Chile,
Cuba, Cameroon, the Czech Republic, Denmark, Egypt, Ecuador, France, Hungary,
India, Italy, Japan, Jordan, Lebanon, Mexico, Norway, Poland, Portugal, Russian
Federation, Tunisia, USA, and the UK.
The
structure, organization and functioning of these bodies differ greatly and
reflect political and national choices. Some of these have been constituted by
executive or ministerial order, others by parliamentary actions. Others have
been initiated as an outcome of a national conference or at the insistence of a
non-governmental or private organization. They most often resort under medical
councils or might be attached to a para-governmental institutions. Although
they might be located under the jurisdiction of a particular ministry or
entity, every attempt is made to ensure that their “findings” and considered
opinions are widely disseminated and have the legitimate impact on the
necessary structures and mechanisms.
5.1 Common Characteristics
A comparative
analysis of the characteristics of the major institutions reveals some common
characteristics.
§
They fulfill a consultative function furnishing
advice and opinions to all institutions that approach them. Standpoints taken
have a significant influence on government and parliamentary decision-making
bodies.
·
They establish ongoing dialogue and intellectual
platforms to provide opportunities for different regions and provinces to come
together and share their views on critical issues. National Ethics Committees
then identify the major underlying principles involved. In this connection it
has to be acknowledged that there is a great need to make the work of
researchers more widely known. While it is for the latter to make an effort in
terms of communication and openness so as to build an atmosphere of trust, it
is patently urgent to ensure that the dissemination of scientific and
technological information does not give rise to disparities either within
countries or between communities. By establishing dialogue between scientists
(who are those primarily concerned with and responsible for ensuring the
communication of scientific information), public and private decision-makers
and the general public, such committees can assist in developing according to
ethical principles , the relationships of scientific communities to each other
and with the societies to which they belong.
·
Ethical reflection presupposes public debate, with
informed citizens participating enabling policy-makers to take fully considered
decisions. The extent to which citizenry is able to engage will determine what
steps need to be taken to ensure equity and access to information.
·
They fulfil an advisory role in areas involving far
reaching societal issues and pre-empting
future scenarios. Proactive consideration of the extent to which new
technologies are acceptable and an understanding of their impact is another
important dimension.
·
Promoting dialogue between scientific communities,
decision-makers and the public at large helps demystify scientific knowledge
and its applications.
In this
connection it has to be acknowledged that there is a great need to make the
work of researchers better known. Furthermore, while it is for the latter to
make an effort in terms of communication and openness so as to build an
atmosphere of trust, it is patently urgent to ensure that the dissemination of
scientific and technological information does not give rise to disparities
either between countries or within communities. By establishing dialogue
between scientists (who are those primarily concerned and responsible for
ensuring the communication of scientific information), public and private
decision-makers and the general public, such committees can assist in
developing, according to ethical principles, the relationships of scientific
communities among themselves and with the societies to which they belong.
The
charters constituting these committees decide their composition, criteria and
the processes for appointing members and specify the modalities of their
functioning. In most cases, their composition is multidisciplinary, ensuring
that they include at least, doctors, researchers, jurists and philosophers.
Some of them provide for the participation of representatives of different
trends of thinking, religious beliefs and forms of sensitivity, while others
have a place for representatives of civil society. The way in which their
members are appointed varies to a very great extent. It tends to be related to
the composition of the committee, which may be mixed or may stipulate statutory
consultations.
5.2
Comparative Models
We now
turn to a matrix summary of the models considered to be most relevant for the
South African context.
5.2.1 Norway (16 May 1990)
Organizational Jurisdiction |
Term of Office |
Constitution And Composition |
Budgets and Resourcing |
Membership
Criteria |
Ministry of Education, Research and Church Affairs Appointments made on the recommendation of the
Research Council of Norway |
3 years
possibly re-appointed |
9 members representative of natural sciences,
industry, technology, agriculture, fisheries, ecology and modern
biotechnology 2 lay members |
|
Competence in relevant research disciplines Professional competence in ethics and law |
Ø Report on its
activities at an open meeting at least once a year and in what ever ways it
finds suitable for promoting informed discussions of ethical issues in the
broader society
Ø Keep other
national and international research ethics committees informed of its
activities, and in co-operation with them seek to establish a platform of
principles of research ethics which transcends disciplinary boundaries
Ø
Committee proceedings made available for inspection by the
public
5.2.2 USA: National Bioethics Advisory Commission
Charter
Organizational Jurisdiction |
Term of Office |
Constitution And Composition |
Budgets and Resourcing |
Membership
Criteria |
Provides advice/
recommendations to the National Science and Technology Committee
(NSTC), Federal Agencies, appropriate entities and makes public its advice
and recommendations |
Overlapping 4 year terms Initially members appointed for 2,3 or 4 years |
18 members appointed by President At least one member shall be selected from each of the
following categories of primary expertise philosophy/theology social science law medicine/allied health professions biological research At least 3 members selected from general public bring
expertise other than as listed |
Dept of Health and Human Services (DHHS) provides necessary funds for performance of functions DHSS provides management and support services Annual cost estimate $500 000 |
Knowledgeable non-government experts and community
representatives with special qualification and competence to deal effectively
with bioethical issues Balanced number of scientists and non-scientists Equitable geographic distribution, ethnic and gender
representation |
Unique Features
Ø Purview includes
the appropriateness of departmental agency or other governmental programmes,
policies, assignments, missions, guidelines and regulations relating to
bioethical issues arising from research on human biology and behaviour and
applications of that research. The identification of broad overarching
principles to govern the conduct of research, citing individual projects as
principled illustrations, is another function.
Ø Four criteria
are considered in establishing priorities for activities:
1.
public health or public policy urgency of the bioethical
issues
2.
relation of bioethical issues to the goals for federal
investment in Science and technology
3.
absence of another body to deliberate fruitfully on the
bioethical issue
4…extent of interest in the
issue to government.
Ø The annual
report to the NSTC and appropriate
committees of congress shall minimally contain a list of members and business
addresses, dates an places of meetings, summary of annual activities and
recommendations and a summary of responses made by departments, agencies, and
other entities it has engaged with.
Ø Compensation:
Members may be compensated at a predetermined rate plus expenses.
5.2.3
French - National Consultative Ethics Committee for Health
and Life Science
Organizational Jurisdiction |
Term of Office |
Constitution And Composition |
Budgets and Resourcing |
Membership
Criteria |
Minister of Research |
|
39 members 5 appointed by president ( philosophers and spiritual leaders) 19 competent individuals reflecting broad spectrum of
ethical concerns such as gender, environment, developmental issues, S&T
advances and applications 15 nominees from the research sector (scientists and practitioners) |
|
Combination of appointed and nominated persons respected
for their contributions to ethical issues. Culture of voluntary contributions to this prestigious
task is evident. Members receive no additional remuneration. |
5.2.4
Danish Council of
Ethics ( Act No 33, 3 June 1987)
Organizational Jurisdiction |
Term of Office |
Constitution And Composition |
Budgets and Resourcing |
Membership
Criteria |
Ministry of Health |
3 years
possibly re-appointed |
17 members appointed according to rules : 8 general
members 9 members appointed by parliament outside of
governance structures equal representation of men and women |
Minister
produces annual budget |
Considered
for their publicly substantiated knowledge of the ethical, cultural and
social questions on importance to the work of the committee |
Unique Features
Sections
4-7 of the Act focuses heavily on establishing rules for the protection of the
fertilized human ova, living embryos and foetuses; genetic treatment on human
gametes used for fertilization, new diagnostic techniques in order to detect
congenital defects or diseases in fertilized human ova, embryos and foetuses
and the rules for cryopreservation of gametes.
5.2.5
Australia – National Health and Medical Research Council
(NHMRC)
This model is insightful in
terms of its unique composition and attempt at integrating all facets of the
work. Extracted from the inside guide to the NHMRC for the 1997-1999 triennium:
Part 3: Section C : the Australian Health Ethics Committee
Organizational Jurisdiction |
Term of Office |
Constitution And Composition |
Budgets and Resourcing |
Membership
Criteria |
|
|
18 members form the following spheres: ethics of medical research law philosophy religion public health social science clinical medical practice nursing/allied health practices regulation of medical profession health consumer issues understanding concerns of disabled No more than 2 who have relevant expertise 3 members of other principles as stipulated in the NHMRC
Act 1992 |
|
|
5.2.6
The British Human
Genetics Commission
A document is available but
not in electronic format which sets out the structure of the UK system. It is
beyond the scope of this document to tease out this complicated structure which
integrates all manner of mechanisms and structures within a broader context,
and also provides an historical account and update of legal and legislative
processes. Attention is drawn to the useful section on page 20, describing
inter-governmental initiatives regarding the ethical implications of
developments in human genetics Copies may be obtained from the NSTF
Secretariat.
6. The boundary
between Ethics in Science and Technology and Ethics in Health Sciences
6.1 General
Where it is argued, as
might be inferred from the material in these documents, that the health
sciences are but one of the sciences and therefore that the co-ordinating role
of a national Science and Technology Ethics committee would embrace the
co-ordination of the work in the health sciences together with that of the
other sciences, it may seem that this might risk some overlapping and conflict
in that the bulk of all the work would seem to be in the area of health.
A catalogue of the subject
areas is set out to illustrate that there are significant areas of non-health
matters, and while the area of health does indeed have many important issues to
deal with, it is equally important that the other areas are not overlooked. It
is important that there is co-ordination between the sciences to avoid this
co-ordination taking place at a political level. It follows that the national
committee should avoid interference in the work of a specialist committee and
rather limit itself to ensuring that the composition and structure of such
committees reflects all opinions.
6.2 Ethics on Health
Sciences
This category might include
the following:
Ø
Medical , dental and associated disciplines
Ø
Medical Research Councils and Institutions,
Ø
Pharmaceutical Industries
Ø
Alternative Medicine and Traditional Health Practitioners
Ø
Para-medical practitioners. And
Ø
Any other health sciences associated practices
6.3 Ethics in Natural
Sciences and Technology
These may include the
following
Ø
Bio-ethics(bio-technologies)
Ø
Energy sources
Ø Fossils (coal,
natural gas and oil)
Ø Nuclear
Ø Renewables
(bio-mass, hydro, solar , wind-power)
Ø
Fresh water resources
Ø
Intellectual property
Ø
Industries
Ø Mining
Ø Manufacturing
Ø Agriculture
Ø Military
Ø Chemical
Ø
Environmental policy(space, land and sea)
Ø
Any other science and technology matter
7. Workshop Inputs Towards a South African
Model
This section summarises the
inputs from the Midrand Workshop of the NSTF held in March 2000.
South
Africa needs an overarching coherent mechanism for promoting public debate and
deepening understanding of ethical dilemmas and issues relating to Science and
Technology in the South African context. The National Consultative Committee on
Ethics in Science and Technology in South Africa. as proposed by UNESCO may
provide such a mechanism. The Committee will provide a platform for entrenching
ethical reflection as a means of consolidating democratic values and practices.
In other words, the committee would have a wide-ranging educational and
information-disseminating mandate in support of our democracy and commitment to
the respect of human rights.
The
operation of the committee would have to take into account the diversity of
South Africa’s cultural context. This means that the evolving model of the
National Consultative Committee on Ethics in Science and Technology in South
Africa. would be unique in that it embodies both the western and non-western
components of our society. The Committee would however, attempt to take
non-partisan positions at all times to arrive at the most rational, considered
and transparent opinions and advice. This neutral stance is meant to ensure
that the Committee is accessible to all sectors of our society. The Committee
will consider all matters presented by the civil society and the Government and
also, when appropriate, initiate investigations on its own accord in the public
interest. The Committee will form working relationships with other
discipline-specific ethics committees. However, it would operate from a broader
mandate, which is concerned with ethical underpinnings in science and
technology.
7.2 Remit and Functions
The Committee
will have an advisory role that harnesses intellectual energies of our country
and be a catalyst for promoting and entrenching ethical behaviour in science
and technology. Whereas professional and discipline-based ethical bodies would
be charged with regulatory, monitoring and control responsibilities, the
National Consultative Committee on Ethics in Science and Technology in South
Africa. would give guidance and direction on crosscutting ethical matters. Its
mandate would embrace matters relating to social, natural and economic spheres,
which are affected by science and technology. In other countries, the remit of
national ethics committees is exclusively science and technology, however, in
South Africa science and technology is embedded within a context of Indigenous
Knowledge Systems (IKS). The National Consultative Committee on Ethics in
Science and Technology in South Africa. would thus have to take cognizance of
the contributions and challenges posed by our IKS.
The
National Consultative Committee on Ethics in Science and Technology in South
Africa. will provide a forum for expert discussion and critique of ethical
issues, as well as topical and contentious issues in Science and Technology.
The Committee will present to civil society and government, balanced and
considered views and not agitate for any specific outcomes, neither be
responsible for the modifications to policy guidelines or their implementation.
The
Committee will facilitate working relationships with research institutes and
organizations and may commission research on any specific issue. This would
give local practitioners, activists and academics, the opportunity to make
valuable contributions to the resolution of national issues. The Committee will
ensure that national debates take cognizance of international experience and
trends and in return contribute insights and recommendations to relevant
international agencies and processes.
8. The
Proposed South African Model --NCCEST
The draft
charter of the National Consultative Committee on Ethics in Science and
Technology in South Africa. (NCCEST) has been developed with the help of a
reference group of the NSTF, on the basis of this brief overview of some
selected international models and the ideas generated at the Midrand Workshop
of the NSTF held in March 2000. This is a separate document
9. The Way Forward for Establishing the National
Consultative Committee on Ethics in Science and Technology in South Africa.
9.1 This document will be used as a motivational basis for the
NCCEST, together with the draft charter and will be made available to the
reference group consisting of all the workshop participants to include
identified experts (moral philosophers, applied philosophers, theologians) and
a selection of religious and spiritual leaders, known to be active in the area.
The documents will then be amended on the basis of the input received from time
to time as directed by the reference group.
9.2 A national consultative conference planned for March
2002 will deliberate on these documents
and reach final conclusions.
The outcomes and results of the processes for nominating and electing the
members of the NCCEST could also be announced.
Authors of the original version
of this document
: Dr B. Tema (General-Secretary,
UNESCO SA Commission) and
Mrs R. Prinsloo, Human Sciences
Research Council, Pretoria.
10.1 Version two
has been produced incorporating material from a paper by Dr James Hlongwane
presented at the Medical Ethics 2000 Conference 21-23 August at the VW
Conference Centre,
adjustments to delete material included in the Charter and other matters
, by D. F. Hunt.
10.2
Version 3 was produced in April 2001 as a result of a
meeting of the Reference group and was used as the basis of the Workshop in
July 2001. The comments that accompanied that version are set out in the Annex
for the record.
10.3 Version 4 has been produced
to deal with the commentary necessary on the changes introduced to the charter
as a result of the 3rd July Workshop. Not all the comments have been
captured in the commentary since we relied on notes. However we did the best we
could.
Comments are set
out in the following clauses and the actions taken to deal with them. The
clause numbers quoted are the new numbers of version 4.
10.3.1 Some concern was expressed
about the non-statutory position of the NSTF and that a better home for the
NCCEST might be as a sub-unit of a statutory body.
Action: At this stage
whilst there may be validity in the comment the position of a standalone unit
under the NSTF, which is a legal entity, is a starting point which could work.
Until a definite alternative option is indicated as preferred, it may just
create confusion to change the text or provide alternatives for other possible
homes on the off-chance that this might happen.
Note added
before clause 3.4
10.3.2 A further concern was that
by defining an advisory role the approach was being too ambitious and that it
was preferable to adopt a consultative position to start with. The difference
between these is that an advisory body has a more definitive status. The status
of a consultative body is less definitive and implies a more optional position.
Action The title,
acronym etc have all been changed. In addition Clause 1 has been extended and
the clauses 1.2 , 1.3 have been re-located to clause 3. The definitions have
been moved forward to Clause 2 since the elements being defined were already
occurring in the text. Some minor consolidation has then also occurred.
10.3.3 Concerns were expressed
that this committee would be duplicating the work being done in the medical
committee and at universities. It was suggested that to remedy this we define
more pre-eminently a co-ordinating role.
Action: Clauses 1, 5.1.2 and 5.6.2 amended, 5.1.1
added
10.3.4 Define medical science more closely. Define science
more closely
Action:I really would prefer
to have a chapter and verse proposal. We have put in definitions for science,
technology and science and technology in Clause 2. I think we do not now
need a definition for medical science per se. The definitions are simple a
workable.
10.3.5. Look at research ethics in the areas where
there were gaps
Action: The objectives
and functions have been re-defined to allow for this See 1, 5.1.1, and 5.1.2
10.3.6 Make it clear
that science and technology includes the understanding of knowledge and
research
Action:-Have tried to
incorporate this idea in the definitions.see Clause 2 Specific proposals where
the text is deficient are needed.
10.3.7 The charter
should say what NECST does not do
see Clause5.4
10.3.8
A question was raised as to whether the secretariat form of
administration or the EXCO form was preferred and had a deliberate choice been
made?
Response. The secretariat
role was selected deliberately since the decision-making should be in the hands
of the Committee to the greatest degree. However this can be adjusted as time
progresses if it proves to be impractical. The staff should include
professional support so that adequate analyses are made on material presented
to the NCCEST.
10.3.9
The definition of ethics should include "and legally "
Action: Words included
in Clause 2. (DFH Comment : Are we sure that this is needed?)
10.3.10
In Clause 5.3 , it
was felt that the task of reviewing was too ambitious
Action: This has now
been excluded. See revised 5.3. and 5.4.
10.3.11
The environment and hence ethical questions in relation to
the animal world should not be omitted. The purpose and objectives seemed to
need tighter definition
Response: By including
environment these are now covered . However it should be noted that most
national committees do restrict themselves to the human domain; this was the
advice of the UNESCO representatives.
Action: Clause 3.2
tightened up
10.3.12
Concerns that the words "offset the impacts of
globalisation" was not necessarily a negative and might rather be deleted
Action 4th bullet in the objectives
deleted
10.3.13 It was suggested that the co-nomination method for
the determination of the membership was simpler and more likely to achieve the
reach needed than the method proposed.
Response. I have drafted
an alternative version of 6.3.3 and perhaps we should ask for a response from
the committee.
This Annex comprises the comments which were
inserted into the text of Version 3. The comment numbers have been replaced by
the clause numbers of the Version 3
document. This is included here for completeness of the process
Comment 1 Clause 1 Prof Hattingh :The
environment has been mentioned a number of times in papers forming the
background to the charter.
DFH response We just need to be careful that
we don't make the scope too broad. Most of the European committees tend to
focus on issues related to humans and to leave the world of animals for example
out, or at least to others.
Comment 2 Clause 1 Tony Emmet has a concern.
Will NEACST be exclusively concerned with the misuse of knowledge, or will it
also involve itself with the misuse of power by individuals located within the
various structures that manage knowledge. It will be difficult for NEACST to promote
ethical practice in S and T if those that head knowledge production and
management organisations are not seen
to be accountable and above moral approach
DFH Comment. It is difficult to comment
without a specific proposal, However , Mr Kutukdjian emphasized that a body
such as this should restrict itself to pronouncements , i.e. giving an opinion
and that the normal bodies of society should deal with legislation and
enforcement. I think that if this committee was to pass judgment on the actions
of others this could be problematic without the due process which is
technically undertaken in a court of law.
Comment 3 (Clause 1.1 para2 )DFH: We agreed
to this title, and therefore a more definite position seems to be valid
Comment 4( Clause 1.3) DFH The insertion of
this clause was inspired by comments by Prof Hattingh calling for clarity on
how the NEACST would be closed down. The question on how it would be
established is also not dealt with. Hence some comment on a possible basis for
the start. The subsequent note has been adjusted for the same reason.
Comment 5 (Clause 1.4.4 )See comment from
Tony Emmet probably comment 7
Comment 6 (previous Clause 1.4) Relocated to
section 7
Comment 7 DFH (Clause 3.): I think we are
going to need at least a formal letter. What do we have to do to get a notice
in the Govt Gazette?
Comment 8 (Clause 5.3) Prof Hattingh comment:
since the aim of this clause is to narrow down the field the addition of the
words gives better effect to this objective. Without the words the clause could
be interpreted too broadly
Comment 9 (Clause 5.4) Comment by Tony Emmet.
He suggests in his comments that this imposes constraints which may be
difficult to operate and rather suggests that the committee should be
accessible to all sectors of our society. The secretariat would then schedule
the work by ensuring that inappropriate questions are sent to more appropriate
and , subordinate bodies
DFH response: I think that by this clause ,
we are not aiming to make the committee inaccessible to all sectors of society.
We are rather saying that questions should only be addressed when a significant
segment of society has decided that it wants a pronouncement on a topic , which by implication, it would
accept and respond to by appropriate legislative or other executive action or
at least that that is the intent. Such bodies or persons would need to be
pressurised by the elements of society such as individuals in a preliminary
phase . NECST cannot be exploring topics simply for interest or curiosity(and
please this is not meant to be offensive since I am sure you did not intend
this interpretation). Possibly the
second item of the clause "organs of civil society" needs to be more
clearly defined ( and I have made a suggestion for that purpose). At present it
could be any sort of group with a letterhead that could fit the definition. I
have re-ordered the list and added some words to define the group such that it
is restrictive and open to at least some more precise interpretation.
Comment 10 (Clause 5.5 )Prof Hattingh feels
that there are many functions for the NECST and that some clearer distinction
between the core functions , (i.e. making pronouncements to advise legislators
and regulators) and the lesser priority functions (which are really for the
secretariat to perform as a secondary level) should be made.
DFH I have therefore re-arranged the clauses
here to give prominence to this distinction.
Comment 11 (Clause 5.6.3 ) Tony Emmet. Feels that the avoidance of
duplication is too limiting as a reason for this liaison and proposes an
addition here. He actually feels it could be another function (which I have not
shown).
DFH response: I think that we need to be wary
of a too centralist approach to the ethics structure. I think that we can't
afford to have internecine strife between this Council and specialist bodies .
The words I have suggested seem to be a compromise that might meet your concern
but which limits the authority of the NEACST over other bodies.
Comment 12 (Clause 5.6.9 ) DFH Since this is
a body which will need to manage quite a lot of money, I have beefed up the
clauses on responsibility for finances.
Comment 13 (Clause 6.1.2 ) Comment from Tony Emmet.(I have summarised it ) Has a concern about how these individuals would be elected, and sees overlap between this section and the next and possibly 6.1.5 The constituencies don't obviously coincide with identifiable organisations particularly .6.1.2. and 6.1.3. Setting up an election mechanism which is fair and transparent could be difficult and costly. Suggests that the process could take place at a regular consultative national conference. I.e. which is held say every three years where it could be fairly simple. He suggests that the Presidential appointments could be increased to 12 and that these sectiona be reduced and that this be done afterwards in a manner which would ensure that all the gaps have been filled. I have attempted to put in some wording in 6.3 to address his suggestion here.
DFH Comment. The committee was earlier pretty
clear that it didn't want to be overwhelmed by Presidential appointments so I
suspect that that won't fly. I concede that otherwise Tony has a point about
the elections I fear that elections at
a conference or meeting tend to be majoritarian --what happens if it rains on
the day and no-one comes? I think we
must at east allow for a sectoral approach which gives for more diversity. as a
fall-back. The clauses I have developed try to deal with the concerns raised by
us both.
Comment 14 (Clause 6.2.4 )Prof Hattingh
Missed reference to the Chairperson and Deputy Chair in 7.3
DFH Response. Because it is here. But have
added a Deputy Dhairperson
Comment 15 (Clause 6.3 ) DFH The changes to
this section are associated with Tony Emmet's comment which now appears as
Comment 12 although I have developed the changes to the text.
Comment 16
(Clause 6.3.5 ) I have inserted this clause to recognise the problem raised by
Tony Emmet in respect
of constituencies and it may need to be adjusted to suit the realities.
Comment 17 (Clause 6.5 ) DFH Based on Prof
Hattingh's comments it seems we need to have a clause that covers this matter.
It is based on the clause in the NSTF constitution for EXCO members
Comment 18 (Clause 7.1) This is a
consequential change flowing from a need to be more precise at this stage. I
think that if there are too many ifs and buts it can be confusing as to what
depends on what. If some other broad plan unfolds then all the clauses need to
be changed together.
Comment 19 (Clause 7.2.2 )Inserted as a
result of Prof Hattinghs general comment about performance.
Comment 20 (Clause 7.3.1) Prof Hattingh Who are these principal
officers?
DFH I have included a note of explanation and
suggested modification
Comment 21 (Clause 7.3.2 ) Prof Hattingh raises
the question of performance.
DFH I
have introduced this clause here and elsewhere have introduced some elements of
the NSTF constitution which relate to performance issues.
Comment 22 (Clause 7.4.7 ) DFH has introduced
this clause here in the belief that this will add value. I think we want to try
to avoid minority reports and to do this there should be an encouragement of
concensus seeking which implies attempts to accommodate each other.
Comment 23 (Clause 7.4.7 duplicated
numbersing)Prof Hattingh says since avoiding the political manipulation of
science is one of the main objectives , independence from political
manipulation is also a central value that should inform the structures and
procedures of NEACST What we had might
therefore be seen a s a contradiction of what is said in para 2 in terms of
political independence. Hence the proposal . It is now somewhat closer to
bullet 1
DFH response. Accepted. I do think that it is
distinct from bullet 1. I.e. matters of national interest are not always
matters of public health or public policy.
Comment 24 (Clause 7.4.8 )Prof Hattingh.
These activities have been omitted and should be included
Prof
Hattingh . same comment as 11. DFH developed words to cover. I think this is
the usual wording for this type of thing and provides that non-members may do
work either alone or in groups provided that there is a NEACST member who is
answerable for it.
Comment 25 (Clause 7.4.8 para 2) Prof Hattingh Omissions are :Changes to the Charter , Performance
Evaluation and Dissolution.
DFH response I have endeavoured to put
something in in the balance of the clauses.
Comment 26 (Clause 8 ) Prof Hattingh : This
may help everyone involved to establish a clear picture of procedures,
structures, people requirements, information inputs and time frames that will
be needed to ensure a functional NEACST at the level envisioned in the charter
Comment 27 Annex Clause 1
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Homan, R. (1991) The
Ethics of Social Research. Longman: New York.
Kutukdijian, G.B. (2000)
Ethics of Science and Technology: Public Debate and decision-making. Why do we
need Ethics Committees? Paper presented to the 17th NSTF Plenary Session Workshop, Midrand,
Johannesburg. March 2000
Raidt, E. (2000)
Introduction to a Leadership Seminar entitled “The Moral Renaissance:
Government, Politics, Ethics and Spirituality. Braamfontein, Johannesburg.
3-4 March 2000.
Shacklock, G. and Smyth, J.
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Falmer Press: London
Tema, B. (1999) Bioethics
in South Africa. Lead Article in MARANG, Newsletter of the South African
National Commision for UNESCO. June 1999.
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