Resistance and Solidarity Against
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Public-private partnerships; marriage made in heaven or deal with the devil?

There is now a huge disparity between public and private sector budgets. The CGIAR (Consultative Group on International Agricultural Research) has a annual budget of USD 350 million whilst the public sector 'life sciences' annual research budget is USD 7 billion.

To solve this problem, public research institutes have been increasingly making public-private partnerships. This is usually a "partnership" between private sector funds and the genetic heritage and research skills of the public institutions.

Sadly research institute's focus are altered by these "partnerships". The problems they tackle often result in profits for the companies rather than in meeting the poor farmers' needs. The introduction of BB rice in the Philippines is an example of this.

The same companies that have entered into partnership with the CGIAR tend to be those that control the seed and pesticides industries. As a result, the new technology often enriches them at the expense of poor farmers, who have to pay for this high input agriculture.

The gene banks, like IRRI, that farmers contributed their seeds and knowledge to in the hope of improving their agricultural systems have actually helped Northern Agriculture. IRRI research has added $655 million in value to the rice industries in the US, Canada, Australia and New Zealand.

The present state of public-private partnerships means that the prospect of food security for all looks even further away.

 


Introduction

In the past decade, the CGIAR has collaborated more and more with business. On the one hand, industry is increasing its research activities, especially since the development of genetic engineering; on the other hand, public research institutions, including the CGIAR, are increasingly looking for additional funding from the private sector. While the CGIAR operates on an annual budget of USD 350 million, the "Life Sciences" industry invests more than USD 7 billion into research. Both the companies and the public research institutions officially praise these so-called public-private partnerships saying that it is a win-win situation. But does the farmer or the social objectives of public institutions really 'win' from this kind of collaboration?

To date, the indications are not good. A terrible pattern of biopiracy, undermining of public-oriented research agendas and a continuing flow of knowledge and resources from the South to the North has been established. Private use of the IRRI genebank, for example, has benefited the rich countries enormously. The gene banks, which are based on the wealth of generations of farmers from all over Asia and the rest of the world, were supposed to serve research work for poor countries. But they have provided germplasm for ¾ of the rice harvest in the US bringing the country an economic gain of $1 billion since 1970. In fact, the rice germplasm from IRRI adds $655 million in value to the rice industry of the US, Australia, New Zealand and Canada every year.

A privatized approach has major consequences for the direction of agricultural research and for kinds of products that find their way into farmers fields. There is danger of a replacement of the social objectives of the public sector with the profit oriented goals of the private sector. Also important are the initiatives that get ignored and the farmer-oriented research that never gets done. Strong links with the private sector brings into question the independence and integrity of the CGIAR. Already, many questions have been raised about their ability to be 'trust'worthy in their role of holding germplasm in trust and protecting it from patents and exploitation by private companies. The stated aims of corporations (to make money) and the CGIAR (to increase food security) are completely different. So, where does a private sector approach leave farmers and the issue of food security? Are farmers only relevant as a potential market? We must demand farmer control of agricultural research. Agriculture research should not be something done on their behalf with farmers seen as passive children who do not know what they need, but something done by and with the farmers of the South.

Private money, private agenda

CGIAR and the private sector have talked of increasing partnerships for many years. There are two major kinds of 'partnerships' between the CGIAR and the private sector. The first are official relationships through recognized channels. The second kind are examples of biopiracy where the private sector uses CGIAR resources without the permission of the original donating party. Some examples of biopiracy are done with the consent and cooperation of the CGIAR, others are done by companies ignoring the correct channels. In either case, the CGIAR has been unwilling or unable to protect the germplasm that has been donated by farmer communities around the world from exploitation by companies. Biopiracy constitutes no small part of the public-private "partnerships" of the CGIAR and companies.

Official relationships between business and the CGIAR occur at project level, where a particular project such as a biotech research project is done in collaboration with a company, and at a policy level.

Collaborative projects

When the Private Sector Committee (PSC) was established by the CGIAR in 1995, one of the first activities was to investigate the current examples of cooperation between CGIAR and industry at the project level. Since this time, however, investigations of cooperation projects looked at single examples only. This means that a complete list of joint projects is not possible. Examples, however, include joint research ventures, licensing agreements, equipment donation and loans, grants, training and exchange of personnel. Some of these, such as grants, may be seen as very positive for cash-strapped public research centers. Yet the donations may also decrease the independence of the CG group and change research direction. A survey showed that when industry contributes to public research the priorities of the research objectives often change, and the use of the research results is restricted in most cases.

Donations by private companies sometimes go along with less visible or hidden agendas. Monsanto's donation to Mexico of a gene-transfer technology for potato virus resistance, according to the International Service for the Acquisition of Agri-biotech Applications (ISAAA) who brokered the deal, helped to establish in Mexico the biosafety procedures favorable to US industry.

There are other examples of collaborative projects with the private sector found at CIMMYT in Mexico. CIMMYT has a number of Material Transfer Agreements with private companies including maize trials conducted by private seed companies in developing countries. CIMMYT has also collaborated in a project funded by Pioneer Hi-bred (now DuPont) to evaluate the maize accessions held in Latin American Gene Banks. This evaluation was no doubt a worthy business investment for Pioneer Hi-bred as they will have a thorough menu of traditional varieties to be used, and possibly patented after some small modification, in their commercially oriented breeding programs.

At the same time these collaborations were underway, a major scandal broke out in Mexico over contamination of corn in the region which is a major center of genetic diversity for maize. Yet despite concerns expressed by the Mexican government over several months, CIMMYT, supposedly a defender of genetic diversity and scientific leader in the region, remained silent. In the CGIAR meeting in February 2002 when the issue was discussed CIMMYT did not advise bank directors to take any specific actions or propose any specific policies or procedures despite a general consensus that field contamination will lead to gene bank contamination. Why the silence? Does CIMMYT feel afraid to speak out against their private sector "partners?"

The dangerous world of biotechnology

One of the major areas of project-level collaboration between the CGIAR and the private sector is in biotechnology. In fact, biotechnology is perhaps the major force behind the current calls for increased partnerships. Biotechnology research is expensive, slow and often beyond the reach of the public sector. Genes isolated by the private sector are safeguarded by "patent thickets" and are not available to public researchers except after extensive negotiations. Neither IRRI nor the national agricultural research systems (NARS) have had much success in isolating and cloning their own genes, leaving the development of transgenes to the private sector and the labs of the North. This means that Northern corporations can call the shots when it comes to what research is done and under what conditions.

The subservient and dependent role of the CGIAR's biotechnology programs to corporations mean that the biotech programs are forced to sit and wait for potential "technology transfer" opportunities to arrive. When such "opportunities" have arisen, IRRI, for one, has jumped all over them. No matter how far fetched the benefits may to small farmers in the South, IRRI tends to incorporate these technologies in its research and development in its program with little consultation, little advanced strategic planning and minimal assessment of the impacts. For instance, when the Swiss Federal Institute of technology developed a pro-vitamin A gene construct for rice, it was IRRI's management that prioritized IRRI's involvement - before consultation with the National Agricultural Research Systems and without a thorough evaluation of the social and economic impacts. IRRI has now applied for a permit to import the gene construct for the vitamin A trait and is carrying out research to insert the gene into IRRI varieties.

In this ill-structured decision-making process, research priorities rarely address the needs of the farmers. Bacterial blight rice (rice that has been genetically engineered to resist bacterial blight, known as BB rice) is a case in point. IRRI's decision to use BB rice as the first field test is primarily an exercise in public relations: to establish a precedent in terms of public acceptance of transgenic rice in general. Dr. Datta of IRRI admits that bacterial blight is not a major concern as a trait but that BB rice "is the safest product one could demonstrate and a good starting point for transgenic rice." This is not a rationale based on the needs of the farmer or on the common good but on paving the way to an increased public acceptance of genetic engineering. Such acceptance is, of course, of major concern to the biotech companies like Monsanto who are only too happy for the CGIAR to do their sales and promotional work for them.

With heavy concentration within the biotechnology industry, its reliance on high-level science, large capital inputs and huge research and development costs, there is little hope that the industry will do anything but deepen existing structural inequalities between rich and poor. The need for a highly educated and scientific/technical labor force and for sufficient finance to withstand the long gestation period - often up to ten to twelve years - of much product development, mean that the biotech industry is highly concentrated in the North. The USA, where the industry first started with the foundation of Genentech in 1976, is the world's undisputed leader in all three aspects of research, development and commercialization of biotechnologies. It is an industry dominated by the Northern multinationals and with their needs and goals in mind.

Research and development at these institutions in the North rarely, if ever, addresses the needs of small-scale farmers. It is no surprise that companies invest their research and development in areas that will financially reward them. The cost of research is high and it is basic economics for them to look in turn for big returns to justify this investment. What is a surprise is the claim that the research done by large Northern companies is being done in the interest of the South or the poor. There is a fundamental conflict within agricultural research and development between an agenda that caters to the needs of industry and one that addresses the needs of resource-poor farmers, the bulk of Asia's population.

The biotech industry is also very concentrated and specialized which increases the power of the few remaining companies. Only five companies now dominate the global market for commercial seed. DuPont and Monsanto, the two biggest companies in the seed market together command 41% of all significant agricultural biotechnology patents and share about 93% of the GM seed market worldwide. These companies are the very same companies that dominate the pesticide and agrochemical industries. In developing biotechnology, companies will be looking to increase their markets and also to support their other products. For example, Monsanto produces Round-up, one of the most financially successful herbicides of all time. Round-up is a poison and too much of it will kill not only weeds but the plants themselves, insects and, at high enough dosages, humans. What better way to secure a market for their herbicide than to produce plants that can withstand greater doses of the poison before they die? Monsanto's annual report itself explains that the development and production of Roundup Ready corn, silver beet and soybeans is designed to "support growth in volume and earnings from Roundup herbicide." In fact, not only are the new herbicide resistant varieties designed to withstand higher applications of chemicals, but the specter of an exchange between domesticated crops and weedy relatives could ultimately result in the need for more herbicides to control herbicide resistant weeds.

These are the priorities of the chemical companies, the biotech companies, but what of the farmers? Debt ridden and impoverished farmers who struggle every season to find money for inputs are not looking for seeds they have to buy every year and which take even more inputs.

As Marion Nestle has written, "In 1990, the leading 30 American agrochemical, animal health and agriculture biotechnology companies spent nearly $400 million on food research and development, but only one-tenth as much on food problems in the developing world… Let's admit that the primary beneficiary of biotechnology research and development is not the developing world but the food industry, which badly needs products that can compete in today's fiercely competitive food marketing system."

Patenting; Farmers' heritage for sale

Another danger of project level private-public partnership is that the private sector may, and usually does, impose restrictions on the end product of the research. A particularly notorious example of this is the issue of patents. If for example, a CGIAR institution like IRRI wants to develop a new strain of rice using a particular gene, and if the gene is patented by a corporation, IRRI will need to enter into negotiations with the corporation to determine the conditions under which the gene can be used. Distribution of the end product may require royalty payments or licensing fees that would put the technology out of the reach of farmers and Southern research stations.

The biotech industry has a history of public-private "partnerships" on projects that quickly degenerate into exploitation and privatization. For decades, they have pursued this course, even influencing such powerful institutions such as Harvard University in the USA. Many of the early developments in biotechnology were developed using joint funding arrangements between industry, universities and government in the US. Harvard University used to have a policy that stipulated neither the university nor the faculty would seek patents in public health or therapeutic agents "except for dedication to the public." In 1974, however, Monsanto provided a package of grants and endowment totaling $23 million over twelve years for research into biotechnologies. Monsanto would receive an exclusive worldwide license to patents in any inventions or discoveries that might arise from the work supported by the company. The following year, to bring its policy in line with practice, Harvard University formally abandoned its policy of dedicating results of research to the public. If the world famous, powerful Harvard University cannot stand up to Monsanto in the context of a "public private partnership" how can the CG system?

The patents on seeds mean that saving and reusing seeds can become illegal. In countries where the relevant legislation has been implemented, companies like Monsanto already requires that buyers of Roundup Ready seeds agree not to reuse them and hires investigators to track down violators. Seed saving farmers in Europe, the US and Canada have been forced to pay fines of up to $35,000 to Monsanto. If these same patented genes are used in research at the CGIAR, the CG system has no choice but to negotiate with companies on an extremely uneven footing.

IRRI has its own policy on intellectual property. It states that the seeds from the genebank which have been gathered from, and donated by, countries and communities all over the world should not be patented. But once a scientist - public or private, Asian or American - has done breeding work, the material can be patented! The recent controversy over RiceTec's patent on basmati rice has IRRI directly implicated. The Texan firm got its basmati lines directly from IRRI, who got them from India and Pakistan. Now there are patents on them in the US. Jasmine rice from Thailand is also prey to intellectual property in the US. It got there thanks to IRRI.

Policy level interventions by the corporate sector

There are a number of CGIAR committees and panels which prepare suggestions for the development of the CGIAR and include representatives from industry. This gives business considerable impact on policy discussion within the CG system including the opportunity to bring industry positions into decisive points of discussion for example through the Biotechnology panel and the Proprietary Science and Technology Panel.

The major committee to deal with corporate interests is the Private Sector Committee, established in 1995. At the same time, an NGO Committee was formed so that the CGIAR officially treats industry interests at equal level with NGO interests. The objectives of the Private Sector Committee are to provide the CGIAR with a private sector perspective and to serve as a link between the CGIAR and industry. The PSC also intends to improve cooperation at policy and project levels. Aventis (now owned by Bayer), Monsanto and Novartis all have high ranking representation on the committee.

Another major role of the Private Sector Committee and of the industry representatives on other CG committees and panels was to introduce industry positions into the 1998 CGIAR System Review. The CGIAR System Review took eighteen months and involved consultation with a wide variety of stakeholders. The report of the Panel, headed by the former UNCED Secretary General Maurice Strong recommended that; the CGIAR should intensify its genetic engineering approach; patent its research results; and, collaborate intensely with industry, especially in opening up new markets and providing poor farmers access to industry products. These recommendations correspond very closely with the Private Sector Committee Proposals. The proposals of the NGO committee have been largely ignored.

According to the System Review report, the reason for such industry friendly recommendations is that US patents laws could become an international standard, and a small number of private corporations would be the primary patent holders. Because public research institutions may then lose their effectiveness, their future is at stake, and the CGIAR has no other choice but to patent its genetic engineering products. Alternatives are not discussed at all.

Biopiracy

While intellectual property regulations favorable to the biotechnology industry are being tightened, farmers' rights are being trampled upon. Biopiracy is booming. Some enroachments are criticized and stopped such as the attempts of Australian organizations in 1997 to patent chickpea varieties obtained from one of the CGIAR institutions, the International Center for Research in the Semi-Arid Tropics (ICRISAT). These varieties had been developed be generations of Indian peasants and were being held in the genebanks of ICRISAT when they were accessed by the Australian 'researchers' and patented. The Jasmine rice controversy where germplasm accessed from IRRI was given, without a material transfer agreement, to an American researcher who declared that he would be using it to develop new strains of Jasmine rice that can be grown in USA and are suitable to be harvested easily by machines shows the kind of 'partnerships' we have seen to date between the private sector and the CGIAR.

In most of these examples, the CGIAR group has been publicly silent and has not made any effort to protect the farmers or to reverse the instance of biopiracy. One exception to this is the move by the International Center for Tropical Agriculture (CIAT - based in Cali, Colombia) to file a formal request for re-examination of US patent no. 5,894,079 - also known as the yellow bean or "Enola bean" patent. The patent, as described is a blatant example of biopiracy on a bean used and traded by Mexican farmers for years. CIAT made this appeal after months of lobbying by civil society groups such as ETC.

Unfortunately there are no doubt other cases that have slipped by the radar of civil society. These kinds of partnerships represent the most flagrant form of exploitation.

Conclusion

The increasing power of the private sector has serious consequences for public research. As the influence of the industry lobby on the public sector increases, there is a real danger that commercial interest will override public interest. In the setting of research priorities and policy directions for ongoing CGIAR work the hand of business is heavy. In its system review, the CGIAR endorsed the vast majority of private sector proposals whilst marginalizing the inputs of other groups such as farmers and women.

The transnational food and agriculture industry is worth over $700 billion a year. In the fierce competition to gain this market, corporations see the CGIAR as a way to push new corporate technologies onto farmers and to open up new crops to commercialization. The CGIAR is seen as an "honest broker," a known "public" institution that can be used to infiltrate new markets. Corporations are behind the current push for biotechnology in the CGIAR system and stand to benefit from access to the precious germplasm in CG genebanks, from the increased markets opened up if the technology is popularized through the CGIAR and through royalties and profits gained off CGIAR research.

Why should the CGIAR rush to support industry claims to patent food crop species, varieties or traits, when its target groups, the poor farmers, are about to lose their rights to replant, exchange and save seeds? The CGIAR puts its future at stake if it supports industry friendly instead of environment and farmer friendly initiatives.

References:

Special thanks to:
Susanne Gura for letting us extensively use her publication, "Public-Private Partnership for Global Food Security? The cooperation between the CGIAR and the "Life Sciences" Industry" published by German NGO Forum Environment and Development and Miserior in the preparation of this article.

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