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Crime, Bio-Agriculture and The Exploitation of Hunger
Crime, Bio-Agriculture and The Exploitation of Hunger
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The British Journal of Criminology
Reece Walters*
The rapid expansion of biotechnology during the past decade has created wide
concern within the agricultural sector and consumer groups. This article examin
tion of bio-technology and the political economy of genetically modified food. It fu
ways that powerful governments and corporations seek to dominate global foo
exploiting, pressuring and threatening vulnerable countries. In doing so, it pr
examination of Zambia, which has experienced significant political and econom
Western governments and corporations to accept genetically modified maize. F
'eco-crime' within frameworks of state and corporate crime, international envir
emerging discourses in green criminology.
Introduction
26
© The
© TheAuthor
Author 2005.
2005. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD).
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power, particularly the United States, have used hunger as justification for
supremacy and the promotion of genetically modified (GM) crops owned by north
multinational corporations—much to the delight of pro-GM advocates.' The
duction and sale of GM food remains an issue of intense conflict in global tr
issues of health, the environment, economics and consumer protection are
contested.
It should be noted that the Zambian Government is not opposed to biotechnology per
The National Institute for Scientific Research continues to conduct experiments using
genetic technologies that aim to reduce animal disease as well as exploring medicin
benefits. A senior scientist with the Ministry of Science, Technology and Vocation
Training dismissed allegations that Zambia was anti genetic technology, claiming
course we are exploring developments in genetic science but our resources are limited
We have various laboratories and experiments conducting research into genetic po
bilities. . . . But to suggest that Zambia is opposed to genetic technology is simply not
true, we are opposed to GM food and we are opposed to the pressure to accept
(Zambian scientist 2004). As Paarlberg (2001) argues, the politics of precaution acro
developing countries is not simply 'thumbs up or thumbs down on a single issue', but
variety of ways that countries are responding to intellectual property laws, risk asses
ment and management, biotechnology research and regulation. The debate surrou
ing the refusal of GM food is, therefore, not one-dimensional; indeed, there are sever
reasons for adopting the precautionary principle. For example, the Minister of Agricu
ture stated that 'we are adopting the precautionary principle on GM food and until w
have more accurate scientific facts that clearly show that it is safe, we will not introdu
it to our environment. ... I am wanting to explore the potential of our biodivers
before we destroy what we already freely have, what God has given us for free. How c
we accept GMO's when I know that such technology could destroy our biodiversity, th
possibilities of which are still unknown' (Sikatana 2004)—a reasonable argument; h
ever, the expansion of bio-agriculture in Southern Africa is not subservient to ecolog
cal dangers or risks to biodiversity. As the following section explores, the production
29
and sale of GM food are driven by the economic imperatives of 'free tra
aggressive political economy that seeks new markets in fragile, vulnerable an
societies.
The US oversupply of GM grain creates a danger for the North American market. Too much
drives prices down which effects local American markets. Food aid to Africa provides an opt
30
rescue local markets while scoring international political points as a donor of food. But then
is never simply donated, it always comes with a debt of some kind. But it must be remembered t
US are not motivated by a sincere humanitarian desire to help people who are hungry, they a
vated by their own local economies and their own local markets.
Zambia has a very productive and thriving cotton industry. Indeed, cotton has be
hailed as the 'one unquestioned success of Zambia's turn towards a market econo
since the country's liberalization policies in 1994 (Tschirley et al. 2004). Like ot
Zambian industries that have proven commercially and internationally fruitful, suc
copper, gold and gemstones, cotton has also attracted offshore corporate inter
Several interviewees reported that US and UK cotton corporations were growing
testing GM cotton without the Zambian Government's knowledge. Again, a gro
and lively market economy for cotton in Zambia has attracted corporate interests wi
pro-GM position for increasing yields and maximizing profits. Of course, the propo
bt cotton for the Zambian market (which has been prohibited by current Zam
authorities) would have seen offshore corporate industries patent cotton planta
and increase their profit share in crop production.
Interestingly, while US officials have put pressure on Zambia to accept biotechnolog
with food and cotton, the opposite is true for tobacco. Philip Morris USA, the large
tobacco company in the United States, with cigarette brand varieties consum
49.9 per cent of the US retail markets, refuses to purchase GM tobacco from in
tional growers (Philip Morris USA 2004). GM technologies in cigarette productio
used solely by US-based Vector Group Limited, which also produces a nicotine-
cigarette. Vector claims that it is committed to helping people quit smoking and th
research demonstrates that one in three smokers using its Quest nicotine-free cigar
ceases smoking within four weeks (Tobacco.org 2004). As one Zambian intervi
from the tobacco industry stated: '. . . if GM technologies are so good, as the US ke
saying with food and cotton, why not for tobacco? It's simple, GM tobacco is less ad
tive and therefore it's not wanted, now what does they say about the US' motivatio
This contradiction serves to briefly illustrate that the propagation of GM technolog
by the US Government and bio-corporations is more about exploitation for econ
growth than humanitarian relief and poverty reduction.
This exploitation of hunger is a violation of the 1999 United Nations Food Aid
vention, to which the United States is a signatory. Article 1 stipulates that 'foo
provided is aimed particularly at the alleviation of poverty and hunger of the
31
In addition to political, economic and legal pressures, the US Government has bee
actively engaged in exerting diplomatic pressure, notably within the Vatican City.
With millions of followers of the Catholic faith, an endorsement of GM food from
the Holy See would create substantial business opportunities and revenue for the
Government and its biotech corporations. Moreover, it is worth tracing some of t
events involving the Holy See, as Jesuit Priests in Zambia have been actively opposing
the aggressive trade policies of GM corporations and, as a result, have been severe
criticized by US Government authorities and pro-GM scientists (see Apel et al. 2002).
During September-December 2002, following the Zambian Government's rejectio
of GM food, US authorities began meeting with senior archbishops at the Vatican. The
US ambassador to the Holy See and a strong advocate of biotechnology, Mr Jim Nicholso
held several meetings with Archbishop Leonardo Sandri, Monsignor Celestino Migliore
and Jesuit Superior General Peter-Hans Kolvenbach to obtain 'a clear and unambi
ous' statement that affirmed the 'the safety of biotech foods' that would 'neutral
anti-propaganda in Africa' (Cardinale 2003). Such meetings did not achieve their
objective; instead, the Holy See reaffirmed the right of developing countries to adopt
33
(2004)). This case serves to illustrate the various dimensions to the 'biotech wars' in
Zambia.
The first question that arises from the above case study is why have US officials a
corporations placed so much pressure on Zambia? There are several dimensions to t
question's answer. First, an anti-GM stance in Europe and a growing consumer
tion of GM technologies is reportedly costing the US Government millions per yea
exports (Alden and Man 2002). In addition to EU and most African countries rejecti
GM foods, governments in China, Japan, Indonesia and Thailand have also decid
temporarily halt GM crop planting (Puttajanyawong 2004). It is essential that
European and Asian markets closed, new markets are found for the world's su
GM food—securing Africa as a future GM market is essential to the sustainabil
bio-agriculture. Secondly, the acceptance of US GM grain as African food aid is
politically and economically important. Food aid is a multi-million dollar industry,
significant diplomatic advantages for international negotiations. Thirdly, Zamb
become strategically important for the pro-GM movement. Zambia's outspoke
internationally reported opposition to GM food has unintentionally asserted its agr
tural significance in the sub-Saharan region. Neighbouring countries look to Za
for direction in relation to biodiversity. As a result, to win Zambian support for GM
is a political and economic coup, as other nations that are sceptical of bio-agricu
may embrace the technology. Fourthly, developing nations are biodiversity ric
their genetic resources are of substantial commercial value to northern industrializ
countries. It is therefore important for Western economic growth that trade routes
African nations remain open and prosperous (cf. Biggs 1998).
It is important to contextualize the above reasons within the politics of GM food
shared monopolies. The overwhelmingly majority of GM food and its accompan
fertilizers, seeds and herbicides are produced from four chemical corporations, nam
Monsanto, Syngenta, Du Pont and Bayer (see Nottingham 2003). Clearly, GM food a
genetic engineering remain big business. Yet, free-trade ideologies espoused b
WTO to enhance notions of competitive capitalism are compromised by a status quo
monopoly capitalism. The costs to consumers and industries when market domi
is controlled by a select number of large conglomerates has been examined i
discourses of corporate or 'elite' deviance for some time (Simon and Eitzen 199
also Tombs and Whyte 2003). Such discourses remain important for understanding
inherent dangers of market control, particularly in developing societies wher
nomic vulnerabilities create opportunities for eco-plunder and corporate exploitatio
The lucrative global trade for governments and the four GM giants is essenti
understanding pressures, unethical and illegal actions discussed in relation to Za
As Winston (2002: 174) argues, 'genetically modified organisms would be only an in
esting academic sideline if there was no money to be made. The heavy investments
research that have driven corporate biotechnology would not have been forth
ing without the product protection provided by patents'. The monopolization
four biotech companies in what is commonly referred to as 'bio-imperialism
Engdahl 2004) continues to mount concerns and fears within agricultural an
sumer groups. Farmers, for example, remain sceptical of the motivations and t
35
of corporations that attempt to control and profit from food production thr
laws of patent and intellectual property.
In addition, the aggressive and unlawful business practices of the GM gi
heightened widespread anxiety about the technology. For example, public
have reportedly entered the fray by representing biotech companies in the p
of GM food technologies. Allegations of fraud have been pitted against Biving
hired by Monsanto to discredit the findings of research that criticized G
Mexico. It was alleged that Bivings invented bogus citizen movements and
corporations to challenge environmentalists and independent scientific re
criticized GM food technologies. Bivings have denied the allegations but n
the matter legally. The evidence of anti-GM hostilities from fake people a
ies, bogus websites and fraudulent emails, all linked to the computers of t
Group, may explain their lack of legal intervention (see Monbiot 2002; cf
2004). In addition, the reputation of the biotechnology industry will be fu
aged by Monsanto's $US1.5 million fine for bribery. The US bio-agricult
admitted that one of its senior executives orchestrated the payment of variou
Indonesian officials during 1997-2002 to suppress anti-GM activists and to rec
erential government treatment for its GM products (BBC News 2005).
Moreover, Clapp (2003) outlines how biotech corporations play an incr
influential role in environmental policy making and global environmental gov
This is achieved through the presence of biotechnology representatives
actively involved in lobbying at international negotiations. As a result, tra
corporations are not simply reacting to the decisions of environmental govern
ies and protocols, but 'increasingly engaged direcdy in public debates to
industry profit' (Clapp 2003: 3). Hence, industry lobby groups strongly o
strict regulations over GMOs proposed in the negotiations of the Cartagena Pr
favour of 'free trade'. Of course, the duplicitous and unethical involvement of
tions in environmental politics is not new. The use of green media campaigns
porations rebranding themselves as environmentally friendly while, at the sa
polluting the environment and lobbying politicians and environmental gr
commercial opportunities has been widely reported (see Karliner 1997). H
deGrassi (2003: 51) argues, the manipulation of the GM debate serves to e
nerable societies, stating that 'governments and corporations have mobiliz
as part of high-stakes international dispute over biotechnology, in essence
African agricultural research—and our understanding of poverty dynamics on
tinent—pawns in the conflicts of the powerful'.
The monopolization and manipulation of governing bodies stated above
considerable concern with relation to risk assessment. There is no democratization of
risk assessment in GM foods but a corporate hegemony over science, with claim
'absolute or scientific truth'. As Wales and Mythen (2002) argue, 'despite recogn
social and political dimensions of risk, science, as a totalizing discourse still regu
the production of "truth" '. This is clearly problematic on various fronts, not
because the science of biotechnology and GM organisms remains fraught with ambig
ities, uncertainties and complications (see Ahmed 2004).
The actions of GM corporations and the negative press that accompanied it, couple
with the reported reality of GM gene transfer in the environment and risks to
human body (see Pollack 2004; Rieger et al. 2002; World Health Organisation 2
36
has Plant Biotechnology, according to Lurquin (2002: 138), facing 'possibly mor
opposition today, at least in some segments of society than nuclear power plan
Moreover, in the United States, recent reports indicate that two-thirds of all crops ar
contaminated with GMOs, 'dooming organic agriculture and posing a sever future risk
to health' (Lean 2004). As a result, the majority of Americans are now opposed to GM.
A 2003 food and biotechnology agriculture survey revealed that 58 per cent we
'unwilling to eat genetically modified (GM) food' (see Fedoroff and Brown 2004: 31
This growing groundswell against GMOs has been castigated by biotechnology co
panies in the United States who claim that Americans have contracted 'the Europe
disease' (Collins 2004; cf. Baker and Burnham 2002).
In September 2004, 60 per cent of Britons stated that they were opposed to GM
foods and feared that they were consuming GM products 'unknowingly' (Lawrence
2004). The International Consortium on Biotechnology Research (ICBS) identifies
that media reporting of scientific testing of GM food in the United Kingdom and
United States highlights the negative aspects of research and has contributed to con
sumer rejection of GM products (see Marks et al. 2002a). In a separate piece, Marks et al.
(2002) claim that the agro-biotechnology scientists have contributed to the communi
cation problem by not publishing their work in peer-reviewed journals. Moreover, pro
biotech organizations such as ICBS have developed economic models and marketing
strategies to enhance consumer and business confidence in GM foods (see Santaniello
et al. 2002b). This identifies the importance of discourses on risk, fear and moral panic
within the politics of GM food and its impact on global trade, consumer attitudes and
corporate responsibility—such issues are not explored here. Attention is now turned to
international environmental law and the emerging concept of 'eco-crime'.
37
Resources for Food and Agriculture, are crucial for exploring emerging
committed by states and corporations described above.
For more than five years, the negotiations that have lead to the Cartag
were hotly contested, frequently on the brink of collapse and fraught with
tion. As Nijar (2002: 263) identifies, every step of the way, 'the biotechnolog
and its governmental protagonists in the negotiating process fought to prev
tocol from coming into existence'. Bail et al. (2002) provide a detailed insight
often bitter debate that transpired between negotiating groups that were po
vested interests.
The Protocol came into force on 11 September 2003, exactly 90 days after the 50 sig
natories had ratified it. The protocol provides a mandate for the safe transfer, handlin
and use of 'living modified organisms resulting from modern biotechnology that may
have adverse effects on the conservation and sustainable use of biological diversity, tak
ing also into account risks to human health, and specifically focusing on transboundary
movements' (Article 1). Countries that plan to introduce living modified organism
into another country will be required to submit an application notifying exact details
content (Articles 7 and 8) and all products intended for food or feed must be labelled
(Article 18). The importation of all GMOs to nations that are party to the Protocol wil
require risk assessments and the express written approval of the receiving countr
(Articles 11, 15 and 16). No signatory to the Protocol can be forced to accept GMO
without their consent, thus preserving sovereign rights-an issue that is being conteste
by the United States in the WTO. Moreover illegal movement of GMOs, notably contra
vention of the protocol (Article 25), provides for liability and redress that includ
financial penalties (see Articles 27 and 28).
Moreover, the Protocol is consistent with the Convention on Biological Diversity an
adopting the precautionary principle 15 of the Rio Declaration which states 'that where
there is threat of significant reduction or loss of biological diversity, lack of full scien
ific certainty should not be used as a reason for postponing measures to avoid or mini
mize such a threat'. Therefore the Cartagena Protocol (notably Articles 1, 10 and 1
encourage parties to incorporate precautionary measures into their national fram
work. In doing so, it grants a right to take precaution based on national or internal ris
assessments. A lack of scientific evidence confirming 'potential adverse effects' cannot
be asserted to force any country to accept GMOs. This principle has been strongly
adopted by developing countries such as Zambia that currently lack the infrastructure
to categorically and scientifically deduce the risks posed by GMOs. The Cartagena P
tocol permits all parties to self-determine their acceptance or rejection of GMOs based
on their own mechanisms of risk assessment. This principal creates tensions wit
notions of free trade and international trade law. The US-led case in the WTO again
the European Union's so-called moratorium on GM food has been premised on th
assumption that anti-GMO stances based on unscientific and inconclusive eviden
constitute illegal trade barriers (see Falkner 2004).
The Cartagena Protocol has recently been strengthened with the ratification of the
International Treaty on Plant Genetic Resources for Food and Agriculture that of
cially became law on 29 June 2004. This agreement has been reached in harmony with
38
the Convention on Biological Diversity and has two distinct objectives. The first i
'conservation and sustainable use of plant genetic resources for food and agric
and the second is the 'fair and equitable sharing of the benefits arising out of the
(Article 1 ). As a result, the treaty aims to address acts of bio-piracy and bio-prosp
The commercial use of genetic resources must result in equitable sharing (informa
exchange, access to technology, capacity building and financial payments) to the c
try of genetic origin (Article 13). Moreover, the treaty identifies the important r
farmers and indigenous knowledge in the preservation of genetic resources an
lishes a set of 'farmers' rights' that includes the 'right to equitably participate in
ing benefits arising from the utlization of plant genetic resources for food
agriculture' and 'the right to participate in making decisions, at the national level
matters related to the conservation and sustainable use of plant genetic resou
(Article 9).
Both of the above laws provide substantial stepping stones in safeguarding the a
omy of biological diversity of individual nation states and protection from the explo
and aggressive trade policies of powerful Western states. They grant rights of
eignty to individual parties and provide a legal mandate for developing count
reject GM food. In doing so, it is now illegal to distribute and trade in GM food p
ucts without the express written consent of the receiving government. Moreover
requirement to label all GM food products and for countries to base decisio
importing GM products based on their own risk-assessment processes. Importantl
use of threats and intimidation (discussed the case study above) through po
diplomatic or legal pressure to accept GM food is a breach of the Protocol that gr
specific rights of self-determination over food and biodiversity to all signatories.
Like all treaties and international agreements, mechanisms of compliance, li
and redress especially against powerful non-party countries (such as the United St
remain an ongoing issue of concern—and perhaps a weakness of the Protocol
said, the Cartegena Protocol and the Treaty on Genetic Resources have serv
promote eco-sovereignty and preserve biodiversity. In doing so, bio-rich deve
countries have been given both a voice and a forum to develop their economic
tunities while preserving their cultural heritage. Moreover, new international env
mental laws provide nation states with the mandate to develop their own legi
frameworks and the confidence to resist the aggressive tactics and practices of pow
corporations and governments. As mentioned above, Zambia has continually
pressured by US authorities for its anti-GM stance. In 2005, Zambia will pa
Biosafety Legislation for the protection and preservation of its biological resourc
does so with the full backing of the international community and environmental
The diversity of subject matter covered under both international environmental law
necessitated the integration of diverse expertise and knowledge, including crimin
Green criminology [first coined by Lynch (1990)] is a useful paradigm for analy
'eco-crime' and provides an umbrella under which to theorize and critique the
ing terminology related to environmental harm. Green criminology is a hyb
state-corporate crime analyses and must integrate concepts of power, governance,
balization and capital within a model of environmental justice. Moreover, the gree
39
Finally, Newburn and Sparks (2004) identify the ways in which crime-control p
travel internationally and examine the need for transnational justice to extend be
domestic borders to form international networks of policing and preventio
global reach of environmental harm and actions defined above as 'eco-crimes'
also be addressed beyond national domains. Green criminology has the potenti
example, to assert environmental justice within emerging debates of a newly c
International Environment Court (see Pirro 2002). Such critical engagement
international level with scholars and practitioners from diverse fields seeks to int
notions of ecological harm within frameworks of state crime, corporate responsib
and conservation. In doing so, it may serve to harness the growing amount of int
tional environmental law and policy, and provide leadership through the impa
ated by polarized debate of trade and environmentalism. Yet, these and others rem
some of the challenges facing a 'green criminology' if it is to provide an alternati
something new within debates about environmental crime and justice.
Conclusion
The monopolization of biotechnology in the past five years and the expansion of GM
products have produced aggressive, unethical and illegal corporate actions in the name
of free trade that necessitate criminological involvement. The ongoing pressure on
countries such as Zambia to accept GM technologies violates international environ
ment law and serves to remind us how states and corporations exercise and exploit law,
international relations and power for political and economic gain. This research identi
fies that emerging eco or green crimes within GM food are issues that influence human
and environmental safety and require a criminological agenda that transcends discipli
nary boundaries and engages with diverse narratives in commerce and law, as well the
natural and social sciences. The regulation, prevention and prosecution of eco-crimes
require an engagement with both the local and the global. Therefore, criminology
must deploy multiple approaches in addressing the increasing risks and harms posed
by governing bodies within the politics and trade of GM food. Such a perspective
requires a holistic approach that draws upon multiple narratives and is attentive to
political and social movements in conservation and environmentalism. The exploita
tion of the majority world by powerful Western corporations and governments also
requires an action-led criminology, capable of responding to the realities of those affec
ted. Bio-agriculture and GM food provide important examples of how criminology
must continue to develop in order to embrace the challenges posed by technological
advancement and global trade.
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