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Abstract

We will begin with a theoretical reflection on the concept of development and its required ethical references. A characterisation of human development which takes as its defining element the well-being of all people leads us to the consideration of human rights as a necessary tool to achieve this global objective. In this consideration, we will examine to what extent the international community accepts these ideas and we will expose the limits of the Millennium Declaration. In the second section, we will look at the reality of globalisation. This process of globalisation is seen as economically exclusive and involves the neo-liberal construction of rules, such as those of the World Trade Organisation, which respond to the interests of the multinationals companies. As a consequence of this process of globalisation, inequalities in income distribution have increased and poverty and hunger remain persistent problems, while basic medical care is beyond the reach of most of humanity. This is due to market logic, which revolves around business profits rather than the satisfaction of human needs. For this reason technological advances, particularly those in the field of biotechnology, are not a solution in themselves, but rather require a reconsideration of the role of the public sector in order to change their orientation.
CHAPTER 29
Basic Human Needs and the Globalisation of the Economy
Xabier Barrutia, Alfonso Dubois and Patxi Zabalo
We will begin with a theoretical reflection on
the concept of development and its required ethical
references. A characterisation of human development
which takes as its defining element the well-being
of all people leads us to the consideration of human
rights as a necessary tool to achieve this global
objective. In this consideration, we will examine to
what extent the international community accepts
these ideas and we will expose the limits of the
Millennium Declaration. In the second section, we
will look at the reality of globalisation. This process
of globalisation is seen as economically exclusive
and involves the neo-liberal construction of rules,
such as those of the World Trade Organisation, which
respond to the interests of the multinationals
companies. As a consequence of this process of
globalisation, inequalities in income distribution
have increased and poverty and hunger remain
persistent problems, while basic medical care is
beyond the reach of most of humanity. This is due to
market logic, which revolves around business profits
rather than the satisfaction of human needs. For this
reason technological advances, particularly those in
the field of biotechnology, are not a solution in
themselves, but rather require a reconsideration of
the role of the public sector in order to change their
orientation.
1. ETHICS AND ECONOMIC DEVELOPMENT
The consideration of the ethical dimension of
economic activity with regard to developing countries
is closely linked to the definition of development
that has been dominant until very recently. Modern
development economics, which began after the
Second World War, had a limited view of
development centred on the problem of identifying
and quantifying economic growth, which has marked
its later evolution. Although other elements were
added at a later date, their inclusion did not alter
this narrowly framed vision of the concept of
development. It was implied that the study of
development was in no way connected to the
philosophical question of the need for a change of
values or the search for new institutions and rules.
Development studies were limited to technical
solutions regarding the mobilisation and assignation
of factors that would lead to previously established
objectives.
Thus, the development tradition has been
characterised as being merely descriptive. The
development debate has focussed more on the ways
and means than on the goal. One single development
objective was legitimised: the goal for all countries
was modernisation. In this context, the ethical
dimension is regarded as an added extra or comple-
ment which acts to lessen the negative consequences
of modernisation or in order to design specific social
policies, but which does not question the objectives
of development.1
This does not mean that there was a complete
absence of critical vision in the following decades,
particularly in the 1960s, when the objective of
redistribution with growth was proposed, together
with the need to place job creation at the centre of
development and the priority given to the satisfaction
of basic needs (Thomas, 2000). However, the truth
is that these attempts were not strong enough to
question basic development objectives and their
influence was short-lived.
In the 1980s all ethical and evaluative consi-
derations were abandoned and the idea of economic
growth and the attainment of macroeconomic
objectives resumed their central role. This was the
era of structural adjustment. The terrible social
consequences of this policy for the majority of the
population led to the need to introduce the concept
of «adjustment with a human face» and of the social
dimension as a new task.
However, the term development can be used in
a normative sense as well as a descriptive one, that
is to say it can be used either to describe an existing
situation or to project a desirable alternative. Until
now, the descriptive use of the term has been
prevalent, with the normative use limited to critical
viewpoints or to the defence of alternatives. For
Goulet (2000), rather than this more common use,
development is «above all a question of attitudes and
human values, objectives defined by each society and
criteria to determine which costs are tolerable and
can be borne, and by who, in the process of change».
Development is an ambiguous adventure that is born
full of tensions between which goods are desired, by
who and how to obtain them. Therefore the central
242 XABIER BARRUTIA, ALFONSO DUBOIS AND PATXI ZABALO
questions of development include ethical judgements
concerning what is «the good life»; the definition of
the objectives which must be achieved to reach a
fairer society; and, the type of relationship which
should be established between people, and between
people and nature.
THE INTRODUCTION OF THE
NORMATIVE DIMENSION
At the end of the 1990s, a certain change can
be seen taking more into account the normative
dimension of development. This new tendency has
arisen from the conjunction of a series of processes.
The most immediate of these is the failure of the
prevailing model of development to reduce the levels
of poverty – a phenomenon which, for some, is
increasingly regarded as a threat to the system while
for others is seen as the main impediment to
development. Above all, the persistence of poverty
has become an ethical scandal for an international
community that bases the legitimacy of its world
order on the concepts of democracy and peaceful
coexistence. How can a model of development that
perpetuates poverty and generates inequality be
sustained at the same time as it proclaims democracy
and the respect for human rights as the basis of
society? Poverty is the great challenge for a world
that contains more than enough resources to satisfy
basic needs.
In the light of this, economists have tended to
review the experience of the last few decades and
take note of the doubts over the general premises of
development economics (Adelman, 2000). The
legitimacy of the model can be questioned both from
the point of view of justice and from that of
effectiveness, that is to say at the level of the very
conception of the objectives or priorities of develop-
ment or at the level of the policies used to obtain
results.
Development is a historical concept, which
means there is no one fixed definition of the term
but rather an evolution, based on the dominant values
and thought in society. Thus, development as it is
currently understood is a very different thing from
that which was defined forty years ago. Each society
and each era has its own idea of what development
is, based on the convictions, expectations and
possibilities which predominate. In short, the concept
of development is related to the idea of the future
that each society proposes as a goal for the collective
of humanity. When we establish the priorities of what
we understand by development, we are merely stating
our own vision of what we want our future to be.
Sometimes, this dimension is hidden and
development is shown as determined by external
laws, but those who defend this position are the
beneficiaries of the current state of affairs and have
no particular interest in changing them. It must be
argued as strongly as possible that the decision over
which should rest the objectives of development
should be the result of a grand consensus in which
everyone participates, because the definition of the
future cannot be the exclusive preserve of the few.
Thinking about development means thinking about
the future we want to build.2
These considerations are particularly applicable
to our society today, where, when we talk about
development, we assume this implies something
desirable and legitimate. The word development is
unconsciously identified with a positive perception.
However, behind many proposals that include the
term development some questionable objectives are
hidden. It is important to maintain a critical attitude
in order to discover which proposals really lead to
fair development and which respond only to the
particular desires of certain powers or minorities.
In the situation of profound change in which
we are living in the era of globalisation, a concern
for change and for justice cannot elude the answer
to questions such as: What are the existing visions
of the future? And what legitimacy do these visions
have? This implies knowing how to differentiate
between the proposals that maintain the current
situation of power relations and their alternatives,
and understanding the different forces at work and
the historical processes which have led to the current
situation. It implies becoming aware of the moment
in which we are living and taking on an active role
in the construction of the future, not as the only
agents for change but rather co-operating in a
definition of the future that we consider the most
human and viable.
This progressive opening up to the idea of the
ethical considerations of development has occurred
at different speeds, and we can highlight three levels
of the inclusion of the concern with the normative
use of the term:
a) The ethical dimension is seen as a mere append-
age. This position limits itself to admitting that
development consists of more than just the
economic dimension.
b) There is an ethical questioning of the processes
and policies which lead to development, but not
of its objectives. It is recognised that not all
processes are valid, that participation is nece-
BASIC HUMAN NEEDS AND THE GLOBALISATION OF THE ECONOMY 243
ssary to achieve change and that people need to
participate in the process, but this does not imply
that different objectives should be proposed.
c) An authentic normative vision which states that
development is concerned with objectives and
processes. The inescapable questions which this
normative development poses include: i) a
review of what is desirable, which implies the
establishment of ethical criteria to define what
we understand by «the good life» or by well-
being; ii) a reconsideration of what develop-
ment is possible, which implies the establish-
ment of criteria related to justice which will
define the objective that can be achieved.
With regard to this last viewpoint, the UNDP3
has played a key role in the diffusion of this human
development approach, considering the question of
human well-being as the objective to be achieved,
over and above mere economic growth.
THE LIMITS OF TOLERANCE:
THE REFERENCE OF WELL-BEING
The questions posed by the normative
viewpoint become particularly relevant when we
consider the current state of poverty in the world.
How much can we tolerate when faced with people’s
hardship in today’s world? Is it correct to propose
different limits to what is tolerable according to each
society? This would be more understandable if the
limits to available resources did not allow the
definition of more ambitious objectives at a collective
level, as was the case in the past. Or, from a different
point of view, it would be acceptable to establish
differences so as not to fall into the illusory and
utopian desire to create egalitarian living standards
on a world-wide scale. This question, however, is
posed in a context characterised by an increasing
interdependence and by a sufficient availability of
resources and we must therefore pay special attention
to this differentiation of levels of poverty. One thing
is to propose the impossibility of immediately
reaching identical objectives, but quite another is to
deny objectives which are achievable. That is to say,
one thing is to recognise the limitations which exist
with regard to possible results and another is to define
these possible results on the basis of different
conceptions of what poverty consists of in different
countries and for different people.
The question we are posing is whether the
starting point for a scale of well-being differs
according to which people we are talking about, or
whether there is a universal benchmark. From a
normative approach, there is no doubt that there
should be one single reference point for all humanity,
even when the specific nature of that reference is
represented by multiple manifestations (Nussbaum,
1998). It is quite another matter that the task of
defining well-being is not easy and, above all, implies
commitment. Well-being as a reference for economic
activity and for social coexistence introduces a
situation in the future and formulates what people
want; it establishes open debate, tolerance and
participation as indispensable elements in the process
and formulates its the necessary minimum objectives.
It is clear that, from this point of view, we will reach
a very different understanding of poverty and of the
limits of tolerance of human need.
A careful definition of the concept of well-being
is fundamental in order to construct the normative
approach. Without sufficient reference to what we
understand by well-being, how to measure it and how
to insert it in economic analysis, the approach loses
its effectiveness and its claim to be an alternative.
How then can we define well-being? We should point
out here that the answer to this question does not
imply the definition of an ideal final objective but
rather seeks to establish under what conditions people
can develop themselves as human beings. To put it
in another way, under what conditions do people
cease to be in a bad situation and when can they
begin to feel well. In short, poverty is a concept based
on knowing when a human being has the opportunity
to develop his or her potential as a person. It consists
in defining positively the minimum capacities and
activities which enable each person to carry out their
own personal search for the way of life that satisfies
him or her.4
The priority objective is to make sure that
people can live as people. Determining at what point
a person really becomes a person does not imply
establishing the final result nor even the range of
possible desirable states that being a person would
mean. In fact, there would be many possible groups
or packages of different objectives which could be
reached. Poverty is definable if it can be precisely
pinpointed when a person has the capacity to advance
towards a desirable combination of states and make
the effort to gain the resources necessary to reach
this combination.
If we start from a definition of well-being based
on the capability and the freedom of people, we must
take into consideration the category of rights. On the
one hand, because a human rights perspective sees
people as conscious beings who freely choose their
life options and, on the other hand, because a rights
244 XABIER BARRUTIA, ALFONSO DUBOIS AND PATXI ZABALO
perspective recognises the need for people to obtain
certain basic .. capabilities. The language of rights is
a way to make the aspirations of well-being considered
basic for all people clear in the discourse of society.
A person’s well-being consists of an aggregate
of three elements: material achievements, rights and
freedoms. This aggregate is different for each person
but in every case must contain a minimum of each
of these three elements. Defined in this way,
individual well-being is ethically significant and an
object which can be demanded from economic
activity. The area of most resistance is found in the
acceptance of rights in the international arena. The
concept of rights as positive freedoms implies the
recognition of people’s access to certain goods, which
means there is a positive right to those goods whose
use or disposition cannot be left to the invisible hand
of the free market. The recognition that certain goods
and services are people’s right, because they are
necessary in order to reach fundamental capabilities,
introduces a new dynamic to the consideration of
the role played by these goods and services in
economic activity.
THE REFERENCES OF WELL-BEING IN
THE INTERNATIONAL COMMUNITY
In this framework of new references -access to
resources, well-being and rights- to what degree have
we seen a reform of the welfare proposals in the
international institutions and the aid donor
countries? Has the normative dimension been
introduced as a constituent part of development
discourse? It must be recognised that the practical
consequences of this proposal lead to different
complications. It is true that the World Summits
organised by the United Nations throughout the
1990s have proved to be a first step forward, albeit
an insufficient one. Although the Social
Development Summit, held in Copenhagen in 1995,
opened up new horizons, the international
organisations’ commitments have been put into
practice under a very limited vision of what well-
being means. Moreover, the programmatic
declarations have taken precedence over the recog-
nition of the rights of some and the responsibilities of
others in reaching development goals.
In 1996, the Development Aid Committee
(DAC)5 proposed the new goals for international
development to be reached in the 21st Century,
applicable to the actions of the donor countries and
agencies. These goals were later adopted by the
OECD, the World Bank, the International Monetary
Fund and the United Nations6, and have become the
benchmark for what orthodoxy considers the
desirable and feasible framework of well-being for
the economic South (or developing countries). The
Millennium Summit, held in 2000, ratified these
objectives as the grand commitments and challenges
for the coming decades. The Development Finance
Conference, held in Monterrey in March 2002, was
called to adopt the measures necessary to guarantee
fulfilment of these goals. The weakness of the
commitments made and of the arguments used in
this Conference clearly shows the difficulties concer-
ned with an acceptance of rights as the instrument
required to reach the basic goals of human develop-
ment.The goals proposed for 2015 in the Millennium
Declaration are the following: a) with regard to
economic welfare: reducing the percentage of poor
people, people without access to drinking water and
people who suffer hunger, by 50%; b) in the field of
social development: extending primary education in
all countries; c) eliminating the gender disparities
in primary and secondary education; d) reducing the
figures for infant mortality by two-thirds and those
for maternal mortality by three-quarters; e) improv-
ing access to primary health care, including family
planning; f) containing and beginning to reduce the
HIV/AIDS contagion rate; and, g) with regard to the
environmental sustainability and regeneration:
reversing the current trends and promoting strategies
for sustainable development.
How can we evaluate this strategic definition
of objectives from the viewpoint of the new references
of well-being? First, we must recognise the
importance of the proposed goals. No one could deny
that we are talking about necessary objectives for
any development model. However, at the same time
they are clearly insufficient, given that their sphere
of action is reduced to the participation in a very
limited area of all that development consists of.
Achieving a reduction of absolute poverty and hunger
and reaching the social development goals involves,
without a doubt, an improvement in people’s quality
of life.
Nevertheless, two questions need to be asked.
The first is, what is the concept of poverty used as a
base line? In other words which extreme situations
are considered intolerable and should provoke an
intervention over and above merely economic
considerations? In the last few years we have
observed a wide-ranging debate around the concept
of poverty and a wider vision of this notion has slowly
been accepted. The World Bank (2000) proposed a
BASIC HUMAN NEEDS AND THE GLOBALISATION OF THE ECONOMY 245
revision of this concept and of the strategy for the
fight against poverty in its World Development
Report 2000-2001. However, even though a more
multidimensional vision of this concept was intro-
duced, it remains a fact that the indicator which
continues to be used as the reference to measure
poverty corresponds to the narrowest definition
possible: that of an income of one dollar a day as the
threshold which determines whether a person is in a
situation of poverty or not. This reference does not
correspond to any previous study which would allow
us to state that income above this level permits a
person a satisfaction of the basic needs that allow
biological survival, let alone the development of their
capabilities. As a result, the limits of tolerance have
not been changed and made more demanding, but
have been maintained within totally inadequate
parameters with regard to the characteristics which
define the current framework and which we
mentioned above: interdependence and availability
of resources.
In second place, the precise delimitation of the
objectives which correspond to development aid
implies the establishing of a dividing line between
what is considered to be achievable through foreign
aid and what corresponds to the workings of the
market. In fact, the idea of development aid came
about as a mechanism designed to counteract what
the market was incapable of providing. It was
recognition of the need to develop instruments other
than the market if the countries’ development and
the reduction of the North-South divide were really
to be achieved. Development aid makes sense when
there are deficiencies in the provision of vital
resources without which development does not exist.
Development aid is a necessary correction to
guarantee that the development model achieves
certain results which are regarded as fundamental.
Development aid should be an instrument which
allows people to exercise their right to development
as people.
It does not appear farfetched to state that, with
this limited number of objectives, the international
institutions consider the remaining development
objectives –which are not regarded as priorities- to
be achievable with the application of the correct
economic policies. Development aid is only necessary
to reduce extreme poverty, to improve basic education
and in some, not very precise, areas to conserve the
environment. Other objectives, such as equity, the
realisation of human potential, increased equality
of opportunity, etc. are not proposed as development
goals. If these are not constituent parts of develop-
ment, it will be necessary to show clearly how it is
formulated the normative reference which allows us
to evaluate if the economic model works or not.
What perception of positive freedoms as rights
does the international community hold today, if it
cannot even guarantee the resources needed to reach
the minimum objectives?
FINAL CONSIDERATION
The debate around well-being, as the central
reference for the analytical category of poverty,
constitutes the unavoidable approach for a new
conception of the limits to be demanded from a human
development coherent with our world. It is a theore-
tical construction which cannot be dismissed as empty
academic theory, but rather seeks to become a
reference for public action and an evaluative reference
for economic activity. The election of one or other
approach to well-being is of great importance in the
determining of goals and the design of polices. The
definition of a threshold of a decent life which can be
applied universally is increasingly necessary. If this
does not happen, we are opening the doors to the
consolidation of an already existing discrimination
instead of overcoming it.
The definition of well-being should be the
foundation on which to build our relationships as
human beings. The main issue lies in establishing
which are our common interests with regard to our
future as humans. The grand question is to know
who we are with regard to the future. In other words,
what future do we want –and are we able- to build
for everyone.
In this project, both solidarity and exclusion
are possibilities. We will not converge around the
idea of a co-operative coexistence and of enriching
interdependence if we do not propose them as an
objective and as the definition of our species. A
universal definition of well-being could be the basis
of a common project. The question of participation,
therefore, becomes an absolute necessity in the
construction of a valid and valued human co-
existence.
In this situation, the base line is the individual
person. If there are no guarantees that every person
can participate effectively in the decisions adopted
by the most elemental group to which he or she
belongs, the process will be perverted from the start
by admitting poverty and exclusion. In the last resort,
this means denying a future to certain people. If the
people have not participated in deciding what they
want, giving them something material from outside
246 XABIER BARRUTIA, ALFONSO DUBOIS AND PATXI ZABALO
is useless. This only means we have taken away their
freedom to be what they want to be and we have left
them without a future.
A human being becomes human when his or
her potential is stimulated and this happens only
when he or she has a future. People experience well-
being when they can decide about their life, when
their capabilities and the resources available allow
them to distinguish, to choose, to reject, to progra-
mme, to desire, to feel, etc. The recognition of this
objective as the basis of humanity and the commitment
to carry out the public action required to achieve it is
the ethical basis which we propose in order to
construct a new human paradigm which provides
answers in the global dimension we are faced with.
2. ECONOMIC GLOBALISATION AND
BASIC HUMAN NEEDS
The term «globalisation» tries to explain the
increasing economic interrelations and the
multiplication of global networks of production and
information which appear to lead inexorably to a
true world market. We should therefore expect to
see, in the same way as when we talk about the single
European market, the free movement of goods,
services, people and capital throughout the world.
In other words, the most relevant fact is that the
economic reference space has widened, from state
to global level. This implies the creation of new
challenges and opportunities which all can take
advantage of, if they can adapt to the new situation.
From this point of view, economic globalisation
implies an improvement in human well-being.
However, this official discourse of Northern (and of
many Southern and Eastern)7 governments, which the
international economic institutions they dominate
have not ceased to repeat for the last two decades,
does not fit very well with existing economic reality.
AN EXCLUSIVE GLOBALISATION
The evolution of the world economy in the last
twenty-five years shows certain characteristics that
question this optimistic vision of the processes
underway. First, world trade flows have polarised.
The origin and destination of these flows have
concentrated in the Northern countries and in the
few Southern economies that have transformed
themselves in large-scale exporters of manufactured
goods.8 In this way, large swaths of the Third World,
including Sub-Saharan Africa and most of Asia and
Latin America, together with the countries in
transition in Eastern Europe, are being excluded from
world trade. The regulation of world trade has
contributed to this, since it is based on the
liberalisation of trade in manufactured goods in
general, but not that of textiles and clothing or of
agricultural products.
Secondly, despite the tremendous expansion of
international financial and currency markets, most
countries have remained on the sidelines of this
globalisation of capital flows. Investment is directed
essentially to Northern financial markets and, to a
much lesser extent, to no more than a dozen emerging
markets. Moreover, the list of participating developing
countries changes as some markets disappear after
each of the frequent international financial crisis.9
These crises are caused by the sudden fluctuations of
capital movements that increasingly escape from the
control of governments and multilateral institutions
and provoke great economic instability. Paradoxically,
these recurrent crises are of increasing concern to the
same state authorities and organisations such as the
IMF that have been recommending and putting into
practice this international financial liberalisation for
more than two decades.
In the third place, movements of labour are much
less important than at other historical periods and are
faced with increasing difficulties when the movement
is from South or East to North. As a result, the
defenders of globalisation tend to forget this
unpleasant lack of coherence. The globalisation is
thus seen as an exclusive and deceptive one: not
everyone can participate and not everyone can win.
A global market is being built for some concerns but
not for others: there is considerable globalisation in
the commercial field and even more in the financial
field, but there is no globalisation for the people who
are looking to improve their situation through
employment. Some participate more and more in this
global market under construction while others
remain on the sidelines and are marginalized.
Unequal income distribution has increased in
each country, both in the North and in the South
and, above all, in the East. The gap between
developed and developing economies has widened.
With the important exception of East Asia and the
Pacific region, the income per capita of the
developing countries is further from that of the
Northern countries than it was forty years ago. In
the extreme case of sub-Saharan Africa, the income
per capita is lower in absolute terms than thirty years
ago. Thus, the distance between the rich and the poor
has increased at a global level. The distance between
the richest 10% of world population and the poorest
BASIC HUMAN NEEDS AND THE GLOBALISATION OF THE ECONOMY 247
10% has increased from 1 to 19 in 1970 to 1 to 27 in
1997 (UNDP, 2001).
In accordance with this fact, poverty has not
diminished. Thus, even the arbitrary indicator of
poverty used by the World Bank shows the persistent
economic misery of excluded populations at the
beginning of the twenty-first century. According to
statistics from 1998, almost half the world population
-2800 million people- lives on less than two dollars
a day. Of this population, 1200 million people, a
fifth of humanity, live on less than a dollar a day.
The latter figure is similar to that of 1987, which
means that the percentage of the total population in
absolute misery has improved somewhat (from 28%
of the world population to 24%). But this is due
almost entirely to the sharp decline in poverty
experienced in China. Excluding China, the percen-
tage of the population with less than a dollar a day
would have been consolidated and the absolute figure
would have risen by 100 million in this period. This
increase is found principally in sub-Saharan Africa,
but also in Southern Asia, in Latin America and in
the East (Eastern Europe and the ex Soviet Union),
where the increase of poverty has been spectacular
and has reached 24 million people (World Bank,
2000).
Approximately two out of every three people
who have less than a dollar a day suffer from hunger
at the beginning of the twenty first century: 826
million people, forty million less than ten years ago.
However, the progress made in the reduction of
chronic malnutrition is much slower than was
foreseen in the World Food Summit in 1996 and
included in the Millennium Declaration. To continue
at the current pace, sixty years will be needed to halve
the number of people who suffer hunger, or in other
words in 2015 there will be close to 700 million
undernourished people. As it can be expected, the
geography of malnutrition and that of absolute
poverty are very similar. Southern Asia (in quantity)
and sub-Saharan Africa (in intensity) are the
unhappy winners: in both regions the absolute
numbers of undernourished people has increased and
the percentages have barely declined in the past
decade. However, neither the rest of Asia, despite
the progress made by China, nor Latin America are
free from this curse, which has also grown rapidly
in the Eastern bloc countries, particularly in the
former-Soviet republics (FAO, 2001).
As we have seen, the official pro-globalisation
discourse promises universal benefits derived from
the complete liberalisation of the economy; promises
which it does not fulfil. It therefore refuses to accept
that the kind of globalisation we are witnessing is
neither inexorable nor the only globalisation possible.
Speaking of human actions, there is always an
alternative. Against the dominant ideology and
neoliberal policies, «Another world is possible» as
the World Social Forum has proclaimed.10 Indeed the
actually existing globalisation is the result of the
implementation of a concrete, neoliberal project. This
project became dominant in the Northern countries
at the beginning of the 1980s and quickly extended
to the Southern countries and, from the 1990s
onwards, to the East, with the helping hand of the
World Bank and FMI’s structural adjustment
programmes. The clearest expression of this project
is the World Trade Organisation (WTO). Above all,
the official discourse hides the fact that the rules
with which globalisation is built do not even open
opportunities for everyone. It is not that everyone is
denied the same opportunities, which in itself would
be evidence of an injustice given the enormous
inequalities from which different countries start, but
rather that in many cases the opportunities are simply
not available for all. This is the case with the WTO
rules concerning agriculture, textiles, services or
intellectual property rights.
THE WTO, PARADIGM OF NEOLIBERAL
GLOBALISATION
The current world economic rules were written
at the peak of neoliberal influence, during the eight
years of negotiation of the Uruguay Round, which
ended in 1994 with the creation of the WTO. The
rules of the WTO, in force since 1995, present the
clearest expression of the playing field that those
who promote neoliberal globalisation seek to
construct. In fact, the WTO is a basic element in the
deepening of neoliberal practice. This practice is
different from the discourse in that it only liberalises
those markets which are convenient, at the required
rhythm for those who really dictate the rules of the
world economy: the major multinational companies
based in the Northern countries.
The agricultural and textile sectors have been
protected in this way for decades, in the framework
of the General Agreement on Tariffs and Trade
(GATT), and with the arrival of the WTO trade in
these sectors is being liberalised little by little. In
the same way, the service sector has been placed
under the WTO’s supervision, through the General
Agreement of Trade in Services (GATS) and those
areas (financial services, telecommunications, etc.)
where the United States and the European Union
248 XABIER BARRUTIA, ALFONSO DUBOIS AND PATXI ZABALO
believe their companies will gain advantages are
beginning to be liberalised. At the same time
migrations of labour are explicitly excluded from the
WTO’s field of competence, while the Northern
countries have imposed a uniform projection of
intellectual property rights, much to the advantage
of the multinational companies, which obtain ever
larger incomes from the trade in this matter.
The Agreement on Trade Related Intellectual
Property Rights (TRIPS) is one of the central pieces
of this construction. Another is the capacity of the
WTO, through its Dispute Settlement Body, to
impose economic sanctions on countries that do not
comply with WTO rules. No other world-wide
organisation has such a capacity. It should be pointed
out that these sanctions could consist of intersecting
reprisals, by which the failure to comply with TRIPS
rules can be punished by a restriction in imports of
goods, which would fall under GATT regulations.
This explains the presence of intellectual property
rights, which were already controlled by the World
Intellectual Property Organisation (WIPO), in the
WTO. It also explains the repeated attempts of
Northern countries to widen the field of competence
of the WTO to almost any «trade related» matter:
investment, labour rights, environmental protection,
etc. TRIPS establishes minimum rules on the
protection of patents, registered trademarks and
author’s rights which must be complied with by all
member countries of the WTO. There are fixed
timetables for developing countries to adapt their
national legislation, generally five years, which have
already expired, plus a further five years when they
are obliged to introduce a law for a previously
unprotected sector. Without wishing to minimise the
importance of the other two questions, we will centre
our attention on the effect that this universalisation
of patents causes on Southern economies. TRIPS
implies levelling up of the protection on innovations
by means of patents, so that the absence or
«weakness» of protection should be strengthened to
the level of the most powerful economies. This
implies, among other things, a minimum life of
twenty years for patents, both for products and for
processes, and their extension to all sectors of the
economy. Thus – and this implies a novelty even for
developed countries- the extension of patents to
certain life forms. Effectively, although article 27.3
of TRIPS allows countries to ban patents on plants
and animals, it obliges them to accept patents on
microorganisms, plant varieties and microbiological
processes.
This is a very controversial matter from many
different points of view. The «patents on life» are
the subject of a debate that starts with the denomi-
nation itself, rejected by industry for reasons of public
relations. However, apart from the discussion over
the name, it appears obvious that a patent can only be
applied to something that has been invented. And
biological material is discovered not invented.
According to the basic principle of patents legislation
developed since the industrial revolution, only
inventions can be patented, not mere discoveries.
Thus, the TRIPS rules appear to stretch the concept
of invention further than should be admissible,
allowing biotechnology to claim the creation of life
itself. The dubious legal solution has been to declare
that a naturally occurring substance is patentable if it
is isolated and purified by human intervention
(Drahos, 1999).
But the ethical questioning of TRIPS does not
stop there. Indigenous communities, Southern
governments and NGOs accuse TRIPS of providing
cover for bio-piracy by Northern multinational
companies, which patent biological material and
Southern peasantry’s ancestral knowledge (Shiva,
1998). This clearly enters into contradiction with
the United Nations Convention on Biodiversity,
which establishes the right of indigenous
communities to share the benefits of the use of genetic
resources (Khor, 2000). Thus, although these patents
on biotechnological «inventions» have legal cover,
numerous civil organisations and Southern govern-
ments consider them illicit and support their removal.
Moreover, the protection of intellectual property
does not seem very coherent with the basic principles
of the WTO, by which the liberalisation of trade will
be of benefit for everyone. Historically, intellectual
property rights, which were developed with the
arrival of capitalism, are linked to the ideas of
monopoly and privilege. Now they are justified with
the argument that there would be no investment in
research if it were not profitable. Thus, conven-
tionally, the protection of intellectual property rights
on a temporary basis implies a balance between
incentives for creativity and the defence of the public
interest (Sánchez Padrón, 2002). This temporary
privatisation of knowledge implies the private
appropriation of something that, by its very nature,
is the result of an accumulative public process
acquired by humanity during thousands of years, and
thus appears highly debatable. It would seem more
appropriate to use something which belongs to all
humanity for everyone’s benefit rather than only for
a minority. Moreover, it obstructs the unselfish
BASIC HUMAN NEEDS AND THE GLOBALISATION OF THE ECONOMY 249
sharing of information, which has been so important
in the progress of scientific research. Neither is it
true that creativity only exists when it produces
profits and is protected by intellectual property rights.
In fact, most major inventions have been developed
in a very different context.
The privatisation of knowledge and its
concentration in the hands of a few multinational
companies marks the orientation of scientific and
technological research towards the profitable, at the
expense of the necessary. Thus between 1979 and
1997, the number of requests for patents in the WIPO
rose from 3000 to 54.000. It is calculated that 97%
of world patents belong to Northern based compa-
nies. In the last twenty years, the constant privatisation
of research, financial and trade liberalisation and the
strengthening of intellectual property rights have come
together to increasingly marginalise an important part
of the world’s population (UNDP, 1999). The peculiar
globalisation we are experiencing is based on the
extension of the global market to all the possible
corners and sectors of the world. Thus, the process
of commercialisation and private appropriation is
reaching the sectors of public services and scientific
and technological knowledge.
All of the above is far easier to understand if we
remember that the implication of the multinational
companies in the decisions taken by the WTO/GATT
since the Uruguay Round has reached scandalous
heights. Different interest groups have pressured
governments, particularly the US government, to
influence their positions and the composition of
delegations as well as to intervene directly in the
orientation of GATT. It is of little surprise to discover
that the content of the agreements are much more
favourable to the interests of the multinationals than
to those of thousands of millions of people supposedly
defended by their governments. The most recent WTO
ministerial conferences (Seattle 1999 and Doha 2001)
have not been financed by multinational companies
in vain. Although high level civil servants are the only
formally legitimate representatives allowed to take
part in the negotiations, the permeability between
these civil servants and the multinationals is highly
suspicious, and can even come to resemble revolving
doors. The principal negotiator for the United States,
the then-Secretary of State for Trade, Mickey Kantor,
has since moved to Monsanto (Ferrara, 1998). And
Monsanto is one of the multinationals which managed
to introduce TRIPS in the WTO with the decisive
support of the US representative body, which included
96 people from the business field in a delegation of
111 (CEO, 1999).
The TRIPS case is evidence of the real empire
of the multinationals in the establishment of world
economic rules according to their wishes. TRIPS is
a direct result of pressure from the same companies
that benefit from it. First, a dozen large US multina-
tionals, half of them related to the pharmaceutical or
biotechnological industries, created the Intellectual
Property Commission (IPC) with the explicit aim of
including this matter in the GATT agenda. The
European employers grouping UNICE and the
Japanese grouping Keidanren joined IPC to put
pressure on their own governments. In 1988 this
coalition of business organisations from the Triad did
what had never been done before; it proposed a draft
version of what would later become TRIPS to the
then–Director of GATT (CEO, 1999). This document
contains all the essential elements of the later
agreement, including the widening of what could be
patented to the field of life forms (Shiva, 1998).
Until this standardisation imposed by TRIPS,
different countries had developed patent laws based
on technology they needed for their economic
development, with the consequent difference between
laws in different countries. In general, economies
with less technological development established a
«weak» system of patents, favouring the absorption
of technology by imitation, as the industrialised
countries had done before them. This was the case
of Japan in the post war expansion and also, later
on, of other South East Asian countries which also
grew to be competitors for US and European industry.
The technologically powerful economies tended to
have a system of «strong» patents designed to hinder
the springing up of competitors. With TRIPS there
has been a qualitative change: the potential future
competitors are being restricted by a tight control
which stops, or at least slows down, their possible
technological development (Correa, 2000).
Once TRIPS was in place, the need to be
competitive with the fast-lane US biotechnology
industry was used as the decisive argument to
introduce the European Union Directive on Legal
Protection of Biotechnology inventions. This
directive, very similar to that which was rejected for
ethical reasons after a long debate in 1995, widens
the field of patents to plants, animals and human
biological material. This radical change of position
in only three years can be explained in part by the
economistic argument of the need to adapt to
globalisation, mentioned above, but it is also due to
the efforts of EuropaBio, a pressure group created in
1996 by the main European biotechnological
companies and which works in Brussels to influence
250 XABIER BARRUTIA, ALFONSO DUBOIS AND PATXI ZABALO
the EU. Evidence of this group’s methods is the 30
million dollars which one of the sector’s biggest
multinationals, SmithKline Beecham, spent to
promote the passing of this initiative (CEO, 2001).
Due to the controversy around this issue, several
countries have declined to apply the directive for the
moment.
This controversy has also reached the United
Nations. In August 2000 a resolution of the UN Sub-
Commission for the Protection and Promotion of
Human Rights admitted that there is a conflict
between the private interests protected by TRIPS and
public or social interests incorporated in international
law on human rights. Basing its opinion on the UN
Conventions on Economic, Social and Cultural
Rights and on Biodiversity, the Sub-Commission
questions the negative consequences of the
application of TRIPS on people’s rights to health
and food. The Sub-Commission therefore commits
itself to supervising the matter and recalls the fact
that intellectual property rights are subject to public
interest limitations.11 In April 2001 the UN High
Commission for Human Rights took over the case,
this time with regard to access to medicines in the
context of epidemics such as HIV/AIDS. The
resolution adopted recognises that access to
medication is a basic element in the advances towards
people’s full rights to enjoy the best possible physical
and mental health. It also requires the member states
to make sure that the application of international
agreements is compatible with public health
(Raghawan, 2001 Reference missing in biblio-
graphy). In August 2001 the aforementioned Human
Rights Sub-Commission made a new call for
governments to protect the social function of intellec-
tual property. Moreover the resolution calls on the
High Commissioner for Human Rights to organise a
Seminar to study the relationship between human
rights and TRIPS12.
In the context of this debate, with ethical
principles and economic profits at stake, we will
analyse the relationship between two knowledge
intensive chemical industries -biotechnology and the
pharmaceutical sector- and the satisfaction of basic
human needs such as food and health. Technological
progress, in general, and that experienced in these
fields, in particular, has always motivated the hope
of a world free of privations. Nevertheless, global
reality at the beginning of the twenty-first century,
in the midst of full-scale globalisation, does not allow
us to be as optimistic. The means exist, but they are
not within everyone’s reach.
THE BIOTECHNOLOGY INDUSTRY AND
THE ERADICATION OF HUNGER
Biotechnology is not an industrial sector in the
strict sense of the word. We are talking about techno-
logy in the field of life sciences with applications in
the pharmaceutical industry and in agribusiness
amongst other sectors. There are large-scale
biotechnological companies such as Monsanto, but
also small, specialised firms, which tend to be the
most innovative, although the formation of clusters
and relationships between companies is increasingly
important. Since biotechnology is technology or
knowledge intensive, the main producers are in
industrialised countries (UNCTAD, 2001), although
using raw materials that mainly come from Southern
eco-systems. The United States maintains the leading
position in the biotechnology research field, given
that it offers the most effective setting, after benefiting
from considerable public funding. At the same time,
the European Union has expressed its concern over
its difficulties in this field (COM, 2001).
In a greatly expanding sector the leading bio-
pharmaceutical firm is Amgen. This company
carried out the biggest fusion in the sector, in
December 2001, when it bought its rival Immunex
for the sum of $16 billion (Fortune, Europe Edition,
March 11, 2002, No. 3). Although pharmaceutical
firms have traditionally taken over biotechnological
ones, today bio-pharmaceutical companies are
buying each other (The Economist, December 22
2001). Biotechnology is also applied to agriculture
or to agribusiness, term applied in the 1950s to show
the increasing interrelationship between agriculture
and industry. In fact, agriculture has links with
industry at both ends of its activity. Inputs imply
relationships with the agricultural machinery
industry, with the chemical sector (fertilisers,
pesticides, and seeds) and others. Outputs imply links
with agro-food industry. In this field we can find
multinationals such as Unilever or Nestle. Here we
will limit our analysis to the field of .. chemical
industry and, more specifically, to biotechnology.
Since the mid-1990s, after years of research,
biotechnology has revolutionised seed and pesticide
markets with the introduction of genetically modified
plants.
The most active companies in agricultural
biotechnology are Syngenta, Monsanto, AgriBiotech,
AgrEvo/Aventis, Limagrain, Empresa La Moderna
(ELM), Rhone-Poulenc Agro, DuPont, DeKalb
Genetics, etc. As an exception it is worth pointing
BASIC HUMAN NEEDS AND THE GLOBALISATION OF THE ECONOMY 251
out that ELM is Mexican. Although some of these
companies work in both the pharmaceutical sector
and in agricultural biotechnology, the latest tendency
is the selling off or separation of the agricultural
branch. Four leading pharmaceutical companies
(American Home Products, Novartis, AstraZeneca
and Aventis) have decided to shed their agricultural
divisions. In 2000 Novartis agribusiness and Zeneca
agrochemicals merged to form Syngenta. At the same
time, Pharmacia has crated a separate unit
(Monsanto) as part of its recent fusion.
In recent years we have observed a process of
mergers and acquisitions and of vertical integration
in the sector. The major biotechnology companies
are buying up the few seed companies that remain
in individual owners’ hands in order to control the
genetic material which agricultural production
depends on. For example, in 1997 Monsanto bought
up the Brazilian seed firm Sementes Agroceres, thus
acquiring 30% of the Brazilian market for grain seed.
In 1998 the same company bought DeKalb Genetics
and the seed division of Cargill’s. In this way,
Monsanto controls more than half of Argentina’s
corn seed. As a result of this business concentration,
ten biotechnology companies (among which we can
find DuPont, Monsanto and Novartis) receive 32%
of all income from the trade in seed (Rifkin, 2000).
Inventions based on seeds are currently
protected by patents, now that property rights have
been extended to life forms with TRIPS, although
this tendency was already evident in the US several
years before. In 1987 the US Patents and Trademark
Office permitted the patenting of living creatures
(genes, chromosomes, cells and tissues) and their
consideration as intellectual property (Rifkin, 2000).
For plants, specific legislation existed even earlier.
The 1930 US Plant Patent Act established intellectual
property rights over asexually reproduced plants. In
1968 an international treaty, the Union for the
Protection of New Varieties of Plants (UPOV), signed
above all by the industrialised countries, established
rights over new varieties of plants. In spite of this,
most countries allowed exceptions to these rights for
their farmers, provided that they were not involved
in trading these seeds. Nevertheless, the UPOV has
become more restrictive since 1991 and some
countries have eliminated the exemptions for their
farmers (Kothari, 1999).
Modern biotechnology designs genetically
modified organisms (GMOs) in laboratories, far from
the traditional wisdom which has given rise to an
immense variety of crops and breeds of livestock for
human consumption. Protected by patents, the
multinationals are now able to take advantage of this
common legacy of all humanity for their own benefit.
They patent genetically modified seeds whose main
virtue is that they are sterile or simple prohibit the
traditional practice of reusing seeds at the new
harvest. This could put at risk access to food for many
millions of poor peasants, while at the same time
mounting a frontal assault on the maintenance of
biodiversity. For the problem is not biotechnology
in itself but rather the biotechnology of the
multinationals, which moreover has the tendency to
transform itself into all biotechnology. Thus, the
genetic manipulation which is carried out is guided
by economic profitability rather than by human
needs, while at the same time ignoring the principle
of precaution (Riechmann, 1999).
Despite the justifications of the biotechnology
multinationals for their vast profits based on the
monopoly granted by patents, justifications centred
on the argument that genetic engineering will end
world hunger, world hunger continues to exist. This
is because hunger is not a problem of food
availability, at least in the short run13. It is estimated
that there is enough food to feed approximately 12%
more than the current population (WRI, 1998).
Hunger is basically a problem of poverty and the
solution involves wealth (re)distribution, which gives
access to foodstuffs. Chronic malnutrition is inti-
mately related to poverty and even in periods of
famine which cause many deaths, the main cause does
not tend to be a lack of foodstuffs (Sen, 1981). Compa-
ring the evolution of China and India since the 1940s,
some interesting differences can be observed. China
made major advances in reducing poverty and hunger
through the creation of rural employment and the
provision of health and nutrition services, in both rural
and urban areas. However this did not prevent the
great famine of 1958-61, which caught the authorities
unprepared. In India, there has been more progress
in the prevention of famine, due to the popular
pressure that obliged the government to take effective
measures for bad times, than in the reduction of
chronic malnutrition, which needs profound social
changes to combat poverty (Drèze and Sen, 1989).
For this reason, the strategies to obtain food
security, which were based on national food availa-
bility in their origins in the 1960s, have evolved
towards a focus on the family unit. In this way,
household food security insists on guaranteeing
access to food for the poorest and most vulnerable
sectors of the population. From this position the idea
of the human right to food has developed, with legal,
ethical and political dimensions which impose on
252 XABIER BARRUTIA, ALFONSO DUBOIS AND PATXI ZABALO
states and the international community the obligation
to respect, protect and promote household food
security (Pérez de Armiño, 2000). The fact is that
there is hunger in several countries which are major
food exporters: in the mid-1990s, more than three-
quarters of malnourished underfives in the world
lived in countries with a net surplus of foodstuffs
(Gardner y Halweil, 2000 reference missing). In
Brazil, which is the world’s fourth largest agricultural
producer14 and a major food exporter, 10% of the
population goes hungry (FAO, 2000, 2001).
The so-called Green Revolution of the 1950s
and 1960s also proclaimed the end of world-wide
malnutrition. Research institutes and seed companies
developed new types of seeds that provided greater
yield per hectare, although they needed chemical
fertilisers, pesticides and irrigation that substituted
traditional practice. While it is true that production
rose, the strategy has not been enough to reduce
hunger since it has not altered socio-economic
structures in favour of the poor. In fact, it has
facilitated the concentration of land and profits from
agriculture in fewer hands. The result has been more
food and more hungry people, even though this
appears paradoxical. In the Third World as a whole,
the availability of food per person increased by 11%
between 1970 and 1990 and the number of under-
nourished people fell by 16%, which is undoubtedly
a success, as the defender of the Green Revolution
points out. However, excluding China, the number of
undernourished people rose, despite the increase in
the availability of food per capita, both in Latin
America and in South Asia, the main bastions of the
green revolution (Lappé et al., 1998).
Once again, the difference between these cases
and the strategy followed by China, which involved
profound economic and social changes, transformed
a necessary factor, that of an increase in food
production, into a sufficient one. In an unchanging
social context, the application of Green Revolution
techniques harmed the poorest people in rural areas,
who lacked access to credit and irrigation and were
without political influence. They were thus unable
to take part in an industrialised agriculture that needs
ever more fertilisers and pesticides to maintain the
same results. This is why, when biotechnology
multinationals announce a second Green Revolution,
not only should we take into account the ecological
implications but also raise the question of whether
this would solve the distressing problem of hunger
(Lappé et al., 1998).
This is not to say that certain application of
biotechnology which can help to increase agricultural
yields on marginal land or make crops more resistant
to drought are not very welcome (UNDP, 2001).
However, a biotechnological investigation with
precise objectives which favour poor people in the
rural areas of the South does not stand much chance
of being funded by private companies, which by
definition are profit making entities. Public funding
is therefore necessary (FAO, 2000b). But Official
Development Aid has been falling for the last ten
years and it is not possible to remain very optimistic
in this sense.
PHARMACEUTICAL COMPANIES AND
AVAILABILITY OF MEDICINES
The case of the pharmaceutical industry clearly
shows the difference between justifying patents for
the common good and acting for one’s own benefit
with a total disregard for public interest. On the one
hand, it is not even true that patents are the unavoi-
dable price to pay for the research needed to develop
new drugs. This information is kept secret and the
little that is published is highly contradictory: there
are variations in the figures of between two million
dollars and 500 million (Hoen, 2000). Moreover, in
The ten largest pharmaceutical companies by sales in 1989 ($million) and 2000 ($ billion)
1989 2000
1. Johnson & Johnson (US) 9844 GlaxoSmithKline (UK) 23.5
2. Bristol-Myers Squibb (US) 9422 Pfizer (US) 22.6
3. SmithKline Beecham (UK) 8029 Merck (US) 18.6
4. Sandoz (Switzerland) 7766 AstraZeneca (UK) 15.7
5. American Home Products (US) 6747 Aventis (France) 15.2
6. Merck (US) 6698 Bristol-Myers Squibb (US) 14.4
7. Pfizer (US) 5904 Johnson & Johnson (US) 12.0
8. Takeda Chemical (Japan) 5454 Novartis (Switzerland) 10.9
9. Abbot Laboratories (US) 5454 Pharmacia (US) 10.8
10. Glaxo Holdings (UK) 4408 American Home Products (US) 10.8
Sources: Fortune for 1989 and Pharma for 2000. The figures for 2000 only include turnover for the pharmaceutical sector.
BASIC HUMAN NEEDS AND THE GLOBALISATION OF THE ECONOMY 253
many cases most of the research has been paid for
with public money: «The applied research that is
carried out in the pharmaceutical industry interacts
ever more strongly with the progress of academic
research carried out in hospitals, medical centres and
universities. There has always been a very strong
complementarity between the product-oriented
research done in industrial laboratories and the more
problem-oriented research carried on in academic
settings» (Duestsch, 1998: 102).
On the other hand, these companies’ research
is not directed towards poor people’s illnesses, given
that their limited spending power implies little
potential business. Thus, only 0,2% of world health-
related technological research and development is
dedicated to pneumonia, diarrhoea and tuberculosis,
three poverty-related diseases which make up 18%
of world illnesses (UNDP, 1999). In the same way,
of 1223 new chemicals entities developed between
1975 and 1997, only 13 are for treating tropical
illnesses and only four were the result of research by
the pharmaceutical industry. Another example
concerns the only effective medication against
sleeping sickness in its advanced state which is no
longer produced by the multinational that holds the
patent because the thirty thousand people who catch
the disease each year do not represent a commercial
interest (Hoen, 2000).
This should not surprise us if we observe some
basic facts about the pharmaceutical sector. Its
demand is concentrated in industrialised countries,
with Africa representing only 1.3% of its market and
South East Asia, including China, representing 5%
(Hoen, 2000). Its production is dominated by
Northern companies (UNCTAD, 2001). Within the
Triad, the main producer in 1997 was the European
Union with 45.3% of total production, followed by
the United States with 35.9% and Japan with 18.8%
(COM, 2000). Of the ten largest companies in the
world, six were from the United States and the rest
were European.
The US and European companies (but not the
Japanese ones) have passed through an intense
process of mergers and take-overs to create a wider
base for research and a higher share of the market.
In 1985, for example, Glaxo bought Wellcome. The
year 2000 was very intense. Glaxo Wellcome took
over SmithKline Beecham for $76 billion. Pfizer
completed its merger with Warner-Lambert. Phar-
macia & Upjohn completed their purchase of
Monsanto/Searle. Recently, Bristol-Myers Squibb
has taken over DuPont Pharmaceutical. In addition
to these operations, the companies increasingly
develop strategic alliances and agreements to
collaborate with each other. The level of concen-
tration does not appear to be too high and it is
estimated that GlaxoSmithKline commands 7.3% of
the market after its fusion. What is undeniable is their
market power which is clear if we observe the high
market share that a few companies command in
specific products: analgesics, antibiotics, etc.
The pharmaceutical sector is technology
intensive, but not as much as is commonly believed.
GlaxoSmithKline, for example, spent 16% of its
turnover in 2000 on research and development and
Pfizer spent 19%. Staff costs are relatively high; in
1999 they made up 22.8% of total operating costs in
the case of the European pharmaceutical companies.
According to the European Commission, this is a
result of the high number of research staff in these
companies and their high salaries (COM, 2000).
Nevertheless the technological intensity of the
pharmaceutical sector has been overestimated.
According to a study carried out by the Health
Reform Program at the Boston University School of
Public Health, marketing costs are much more
important than research costs. In the year 2000 US
pharmaceuticals employed 81% more people in
marketing than in R+D. We can therefore see that
the industry is in fact marketing intensive: the
consumer pays more for marketing than for research
(Sager and Scolar, 2001). It is precisely because of
this fact that the companies are able to increase their
monopoly power. The power of the pharmaceutical
companies is such that they try to manipulate clinical
trials of their products as part of their marketing
policy. This is the accusation of the 12 most
important medical journals in the world: The Lancet,
The New England Journal of Medicine, BMJ, The
Journal of the American Medical Association,
amongst others (El País, 11-09-2001).
The key elements for their business are the
patents. The major pharmaceuticals depend to a
considerable extent on a few patented products, which
make up a high percentage of their income. Patents
give pharmaceutical companies monopoly power that
enables them to set prices in a totally arbitrary way.
In fact the prices of medicines vary substantially
between neighbouring countries, always reaching a
highest possible level in each market. Thus, in 1995,
the same presentation of Amoxil from SmithKline
Beecham sold at $36 in the United States and $14 in
Canada; $16 in Italy and $60 in Germany; $29 in the
Philippines, $34 in Malaysia and $8 in Pakistan
(Hoen, 2000). Moreover, once it has been invented
the production cost for medicine is relatively small.
254 XABIER BARRUTIA, ALFONSO DUBOIS AND PATXI ZABALO
As a result, the pharmaceutical companies make
enormous profits. Their income rate is much higher
than the average of the five hundred biggest
companies in the world. As we saw in the figure, year
after year the pharmaceutical sector is in first place
in profits compared to turnover in the Fortune 500
list. These same companies support the application
of TRIPS patents to restrict the rights of Third World
countries to produce, commercialise and import low
cost generic essential medicines. This increases
prices and reduces yet further the limited access of
the poor to vital cures. For example, the Indian generic
producer, Cipla, is able to offer its AIDS combination
medicines for US$150-300 per year per patient,
compared with the US$10,000-15,000 being sold by
the multinational companies; which means the
difference between life and death for many poor
people in Southern countries. Moreover, in countries
where alternative or generic medicines are available,
the price of a branded product usually falls as a result
of the competition it faces from low-priced
alternatives. When the Brazilian government began
producing AIDS drugs generically, for example, the
prices of equivalent branded products dropped by 79
per cent. The same brand is sold at a higher price in
countries where there is no competition from generic
producers (Oh and Leaver, 2001).
Until now many Southern countries and some
Northern ones, putting public health before private
profit, have not maintained a protectionist patents
legislation with regard to medicines. For example,
they have protected drug production processes but
not the final products. In fact, before TRIPS became
effective, there were more than fifty countries that
did not allow patent rights over pharmaceutical
products (Oh, 2000). In this context, very efficient
generic drug manufacturing companies have grown
up in Southern countries such as India15, Thailand,
Egypt, South Africa, Brazil or Argentina, capable
of producing medicines at a much lower price than
the originals. This has allowed the reduction of their
dependence on imports and has even enabled them
to export medicines to other poor countries such as
those of sub-Saharan Africa. However it is worth
remembering that patents on pharmaceutical
products in some Northern countries such as Italy,
Japan or Switzerland only appeared in the last
quarter of the century (Gerster, 2000).
Moreover, the scant safety measures foreseen
in TRIPS are proving very difficult to put into
practice. These measures include parallel imports,
which implies the purchase of the drug in another
country where it is cheaper, and obligatory licences,
which involve the concession, in exceptional circum-
stances, of a production license to a third party without
having to obtain the consent of the patent owners.
However, thanks to the collaboration of the US
government with PhRMA (Pharmaceutical Research
and Manufacturers of America), one of the strongest
pressure groups in the world, South Africa and Brazil
have been accused of not respecting pharmaceutical
multinationals’ patents and have faced the threat of
trade sanctions. Other countries such as Argentina,
the Dominican Republic, Egypt, Thailand or India
have also been pressured not to use their right to grant
obligatory licences and parallel imports, under the
threat of being accused before the WTO (Oh, 2000).
The South African case, however, had serious
repercussions in public opinion thanks to the
campaigns of Oxfam International y Médecins sans
Frontières (MSF)16 and has become an important step
forward. In this country four million people, ten per
cent of the population, are affected by HIV/AIDS.
Notwithstanding this fact, the effort of the
government to supply generic medicines due to the
existence of a national health emergency, contem-
plated in TRIPS, were faced with legal action by the
US government before the WTO’s Dispute Settlement
Body. Although domestic and international pressure
obliged the Clinton administration to back down, a
coalition of 39 companies took over the accusation
and challenged the law in South African courts on
the grounds that it was a violation of TRIPS (Oh,
2000). Months later the pharmaceutical companies
withdrew their case due to the bad publicity which
their actions received in their real markets in the
Northern countries. The affair was transferred to the
IV WTO Ministerial Conference in Doha, in
November 2001, where TRIPS was to be revised.
The Declaration on TRIPS and Public Health
agreed in Doha is an important step forward in the
campaign for affordable medicines. It affirmed the
primacy of public health over intellectual property
rights, and the rights of governments to make full
use of the public health safeguards in TRIPS. The
Declaration also gives least-developed countries
more time before they are required to implement
pharmaceutical patenting. However, there is some
important unfinished business in the Doha
Declaration. Ministers recognised a fundamental
imbalance within the TRIPS Agreement and
committed themselves to finding an effective solution
before the end of 2002. This concerns the way the
TRIPS Agreement, by restricting countries like India
from exporting inexpensive generic versions of new
BASIC HUMAN NEEDS AND THE GLOBALISATION OF THE ECONOMY 255
medicines, will prevent most developing countries
from finding affordable sources of new improved
medicines to treat diseases such as HIV/AIDS,
malaria, and tuberculosis.
Many developing countries cannot afford
expensive patented medicines yet neither can they
produce cheaper generic versions. Currently they can
import these generic copies from a handful of other
developing countries which do have the capacity to
produce them, but which have not yet fully complied
with TRIPS. The key problem is that these cheaper
supplies of medicines will begin to dry up once India
and other developing-country generic producers
comply with TRIPS, which they have to do by January
1st 2005, at the latest. This is because TRIPS prohibits
producer countries from exporting cheap copies of
patented medicines, whatever the health needs in other
countries, and even when there is no patent in force
in the importing country. This represents a
fundamental imbalance in TRIPS17. Some developing
countries and NGOs argue that the simple solution to
this problem is to lift TRIPS restrictions on exports
of public health related products.
But the governments of the United States and
other industrialised countries, pressured by their
pharmaceutical industries, oppose this. It therefore
appears difficult to believe that this path will be able
to establish the primacy of the right of access to basic
medicines over rights connected with intellectual
property. Nevertheless, effective follow up to the
Doha Declaration is a crucial next step in making
patent rules compatible with public health and
development needs. Half-baked solutions will
indicate that rich-country governments are not
serious about allowing developing countries the right
to buy the cheapest medicines, and will merely
strengthen the calls for a fundamental redesign of
TRIPS (Mayne et al., 2002).
RECONSIDERING TRIPS: A STEP
FORWARD TO CHANGE THE DIRECTION
OF GLOBALISATION
For all the above, many Third World countries
call for TRIPS to be modified and even for it to be
removed from the WTO framework, seeing it as an
obstacle for their development and a danger for the
environment, even a attack on the right to life. They
remind the developed countries that they were able
to incorporate existing technologies without having
to face protectionism such as that imposed by TRIPS.
The World Bank (2001), which predicts future
opportunities for developing countries under TRIPS,
recognises, however, that these rules clearly favour
industrialised economies and imply a considerable
cost for Southern ones. This is due to the increase in
0
5
10
15
20
25
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000
Pharmaceutical companies Average of the 500 largest
Source:Fortune
Net profits in the world’s 500 largest companies and in the pharmaceutical companies (in per cent)
256 XABIER BARRUTIA, ALFONSO DUBOIS AND PATXI ZABALO
payments for the use of technology and the price
rise of products such as computer programmes or
medicines. The biopharmaceutical companies are
working hard to obtain new drugs in a field with
great potential, especially after the publishing of the
human genome map. But these new medicines will
be even more expensive than the existing ones and
therefore further from the reach of a third of
humanity –including half of the population of the
poorest parts of Asia and Africa- who do not have
access to essential medicines (Hoen, 2000).
They also recall that intellectual property rights,
as defined and protected by TRIPS, legalise biopiracy
and contribute to the destruction of traditional forms
of agricultural production and reduce access to food.
They therefore propose the renegotiation of the
agreement and, in the meantime, the extension of
the period of grace until its full application. For the
revision of TRIPS, the African Group has proposed
making it clear that «it is not permissible to patent
plants and animals or any other type of living
organism». Instead, it should allow the protection
of the innovations of indigenous communities and
the peasantry in the Third World (Khor, 2000). For
if we really want to fight hunger, food sovereignty is
fundamental. According to Via Campesina (2000),
it is the right of every nation to maintain and develop
its own capacity to produce the basic foodstuff for
its people, respecting productive and cultural
diversity. Food sovereignty implies the right to
produce food autonomously in a country’s own
territory and is a precondition for genuine food
security, while patenting life forms leaves the control
of genetic resources in private hands and is totally
unacceptable. Thus, Vía Campesina is committed to
changing the unsustainable and unfair models of
production and trade.
Patents are a type of property and as such are
not ethically neutral. A political regulation of
biotechnology developments is necessary, moving
from a logic based on the protection of inventions as
private property to one based on the social uses and
consequences of these inventions. To achieve this a
debate is needed in which the whole of the society
participates to decide which limits should be placed
on the privatisation and commercialisation of
biotechnology. These decisions are too important to
be left in the hands of the patents system (Sánchez
Padrón and Gómez Uranga, 2001).
On the whole, it is becoming clear that the
existing economic globalisation based on the tyranny
of the market, where the main priority is the
profitability of private companies, not only does not
improve the situation of many human beings, but in
fact make it worse. The acknowledgement that every
person has the right of access to the goods and
services needed to satisfy his or her basic necessities
demands that the public sector performs its role to
compensate growing inequalities. Contributing to
income redistribution, both at national and at
international level, it is the quickest way to eradicate
poverty and, in consequence, eliminate hunger. On
the road to human development, in the face of
neoliberal globalisation, the solution lies in globalise
solidarity: it is economically possible and ethically
necessary.
KEYWORDS Economic Development. Basic Needs. Patents.
Multinational Companies. Third World
ABSTRACT Development has to do with the well-being of all
people. Therefore, human rights are a necessary tool to achieve
this global objective. The international community doesn’t accept
these ideas and the Millennium Declaration has clear limits. The
process of globalisation is economically exclusive and involves
the neo-liberal construction of rules, such as those of the World
Trade Organisation, which respond to the interests of the
multinationals companies. As a consequence, inequalities in
income distribution have increased and poverty and hunger remain
persistent problems, while basic medical care is beyond the reach
of most of humanity. This is due to market logic, which revolves
around business profits rather than the satisfaction of human needs.
For this reason technological advances, particularly those in the
field of biotechnology, are not a solution in themselves, but rather
require a reconsideration of the role of the public sector in order
to change their orientation.
NOTES
1 For a panorama of the evolution of economic development
thinking and the current debates from an orthodox
perspective, although relatively critical of the multilateral
financial institutions, see Meier and Stiglitz (2001).
2 The importance of participation in development is highlighted
by all development agents. However it is worth differentiating
between the proposals which regard participation as a mere
instrument to obtain greater efficiency from those which pose
participation as the very aim of development. For the latter,
which form part of an alternative development approach,
participatory development is a distinct approach,
complementary to the traditional ways of conceiving and
carrying out development aid. In this sense it implies a
reconsideration of the traditional role of mediation. The
traditional view of the relationships between donor
organisations and beneficiaries and of their respective
functions undergoes an important change that obliges us to
review the form and content of the formulas for association.
3 The United Nations Development Programme (UNDP) has
published an annual Human Development Report since 1990,
which serves as a good reference point for this normative vision,
especially in the first half of the 1990’s.
4 The theoretical contributions of Sen (1992, 1999, 2000) have
had particular influence on this redefinition of well-being. We
owe the analytic concepts of functioning capabilities and
BASIC HUMAN NEEDS AND THE GLOBALISATION OF THE ECONOMY 257
entitlements to this author.
5 The DAC is a body that forms part of the OECD and brings
together the donor countries from the economic North. Its
role is to establish the requirements to be taken into account
in official development aid and the determination of its basic
directives.
6 For more details, visit the web site «A better world for all»:
http://www.paris21.org/betterworld/
7 The Northern or «developed» countries are the United States,
Canada, Western Europe, Japan, Australia and New Zealand.
They contain 14% of the world population but own 77% of
world GDP. In the South, Third World or «developing»
countries, we can find all the Latin American, African and Asian
countries (with the exception of Japan and the republics of the
ex - Soviet Union). These countries have 79% of the world’s
population but only 20% of world GDP. The Eastern countries
or countries «in transition» are the states which have arisen
from the ex – Soviet Union and those of East and Central
Europe. They contain 7% of the global population and receive
2,5% of world GDP (United Nations, 2000).
8 We refer to China, the Asian dragons and tigers (Korea,
Taiwan, Hong Kong, Singapore, Malaysia, Thailand and
Indonesia), Mexico and Brazil, which together represent more
than 90% of manufacturing exports from the Third World.
These countries participated in 6% of world exports in 1973
and 19% in 2000. In the same period, the remaining Southern
economies have fallen from 14% of world exports to 11%
and the Eastern countries have halved their previous share
of 9% (WTO, 2001).
9 In addition to the episodes which have affected Northern
economies (such as the New York stock exchange crash in 1987
or the recent fall in the value of «new economy» shares, the
collapse of the property market and the Japanese stick exchange
in the early 1990s or the crisis in the European Monetary System
in 1992) and the famous debt crisis in the Third World which
began in 1982, several crises have occurred in the emerging
markets since the mid-1990s. Following the Mexican
«tequilazo» (1994), we have witnessed financial crises in Asia
(1997), in Russia (1998) and in Brazil (1999). After a short
respite, the year 2001 has brought us financial crises in
Turkey (February) and in Argentina (December).
10 For information on the World Social Forum, whose first two
meetings have been held in Porto Alegre in 2001 and 2002, see
the web site: http://www.forumsocialmundial.org.br/
11 We refer to the Resolution of August 17, 2000 on “Intellectual
Property Rights and Human Rights” (E/CN.4/Sub.2/2000/
L.20). This resolution is based on a preliminary report on
“Globalization and is Impact on Full Enjoyment of Human
Rights” compiled by two jurists, members of the sub-
commission, J. Oloka-Onyango and D. Udagama (E/CN.4/
Sub.2/2001/10).
12 Resolution of 16 August 2001 (E/CN.4/Sub.2/RES/2001/21).
13 Even a neo-Malthusian like Lester R. Brown (2001), who
loses no opportunity to identify the demographic growth of
the poor as the main cause of their problems, acknowledges
that it is possible to increase the productivity of farm land
enough to feed the entire world population, both now and in
the coming decades. This can be achieved with the need to
generalise the use of GMOs, except in the case of more
drought-resistant varieties, given the question marks that
remain over their effects on the environment and on health.
14 Brazil represents 4.2% of world agricultural production, while
its population makes up 2.7% of the world total.
15 The key to Indian pharmaceutical industry success lies in its
1970 Patents Law, which only allows the patenting of processes
for a maximum of seven years, while, at the same time,
permitting obligatory licenses. Thus, companies such as Cipla
have allowed India to enjoy a high degree of self sufficiency
in medicines, available at much lower prices than those of
the major Northern multinationals. In South Africa, Cipla
created a mixed company with a local firm to supply
antiretrovirals there. This provoked the anger of the US
pharmaceutical industry, which pressure its government to
take the case to the WTO.
16 The basic principle of these campaigns is that access to
essential and vitally needed medicines is a fundamental
human right. Poor people have the right to a good health,
and therefore to medicines for the treatment of poverty-related
diseases. Protecting people’s health and saving their lives
must take precedence over the strict protection of intellectual
property and the very high profits which drug companies
derive from this. For more information see the following web
sites: Oxfam: http://www.oxfam.org.uk/cutthecost/
index.html and MSF: http://www.accessmed-msf.org/
index.asp
17 TRIPS allows countries to override a patent, for example if
prices are too high, or supplies limited, if certain procedures
are followed. Countries with their own production capacity,
mainly the rich and industrialised, can take advantage of this to
produce their own cheap generic versions of medicines.
However, the majority of poor countries are not able to because
they lack manufacturing capacity. Nor will they be able to
override a patent to import medicines, because TRIPS stops
generic-producing countries from exporting to them.
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Authors’ Address:Xabier Barrutiax Alfonso Dubois and Patxi Zabalo, Facultad de Ciencias Económicas
y Empresariales Universidad del País Vasco - Euskal Herriko Unibertsitatea Lehendakari
Agirre, 83 48015 Bilbao, SPAIN
E-mail: xabierbarrutia:eupbaetx@bs.ehu.es
Alfonso Dubois: eupdumia@bs.ehu.es
Patxi Zabalo: eupzaarp@bs.ehu.es
© Kamla-Raj 2004 Societal Responsibilities in Life Sciences
Human Ecology Special Issue No. 12: 241-258 (2004) Charles Susanne, Guest Editor
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The last few years have seen a range of significant developments related to intellectual property rights(IPRs) and biodiversity. At least two major international agreements, both legally binding, deal with thisissue: the Convention on Biological Diversity (CBD) and the Agreement on Trade-Related Aspects ofIntellectual Property Rights (TRIPs) of the World Trade Organisation (WTO). In addition, the WorldIntellectual Property Organisation (WIPO) and other international institutions are increasingly becomingactive on the subject.At national levels, too, there is considerable activity. Several countries (Costa Rica, Eritrea, Fiji, India,Mexico, Peru, Philippines) are coming up with legislation, or other measures, which respond to theabove treaties or in other ways deal with the relationship between IPRs and biodiversity (Glowka1998). Of particular interest to many countries, especially in the 'developing' world, are the following:Protecting indigenous knowledge (traditional and modern) from being "pirated" and usedin IPR claims by industrial/commercial interests;Regulating access to biological resources so that historical "theft" of these resources bythe more powerful sections of the global society can be stopped, andcommunities/countries are able to gain control and benefits from their use.These issues relate not just to IPR regimes but also to the new provisions of Access and Benefit-sharing which the CBD contains, and which are being followed up by several countries withappropriate domestic legislation.Propelling the spurt in activity on this front are the IPR-related scandals that periodically shock theworld, such as:The patenting of ancient herbal remedies, e.g. the US Patent (No. 5,401,504) given tothe healing properties of turmeric, known for centuries to Indians; or the US plant patent(No. 5,751) on the 'ayahuasca' plant, considered sacred and used for medicinalpurposes by Amazon's indigenous peoples;The patenting of crop varieties which are similar to those grown for centuries in certaingeographical areas, e.g. for varieties of Basmati rice by Rice-Tec Corporation in the US(Patent No. 5,663,484); Rice-Tec even uses the term Basmati, long used to refer toaromatic rice grown in northern India and Pakistan, to describe its rice varieties;The patenting of human genetic material, e.g. on the human cell line of a Hagahaitribesman from Papua New Guinea (US Patent No. 5,397,696)Plant breeders' rights or patents on entire taxa rather than specific varieties or breeds,e.g. on all transgenic cotton or soybean granted to the company Agracetus; andPatents on technologies that threaten farming systems worldwide, such as US PatentNo. 5,723,765 granted to Delta and Pine Land Co., nick-named the Terminator
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Traditionally, key figures at the PDA in particular have either held important positions at Monsanto, or are destined to do so in the future. Is it surprising therefore that Monsanto gets clearance for its often dangerous products?
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bioprospecting new form of appropriation of indigenous knowledge and their cultural and natural resource sovereignty