Posts Tagged ‘ethics’

“Global food prices are at record highs, driven by huge increases in the price of wheat, corn, sugar, dairy and oils. A complex mix of factors simultaneously boosting demand and constraining supply means the recent price surges might be just the beginning”. Below is a list of some of the main factors on the demand and supply side:

DEMAND

  • continuing rapid population growth, especially in so-called developing countries, means rising demand for food (we’re close to reaching 7 billion people on this planet this year, with 9.5 billion predicted by 2050, which will be a 300% increase on 1950s’ figures)
  • rising prosperity, especially in Asia and Brazil: wealthier people eat differently compared to poorer people, and they eat more and are willing and able to pay more for food; meat and dairy consumption has been growing rapidly and dietary pattern developed in Western countries over centuries have shifted in developing countries in decades
  • the arrival of new investors in food commodity markets (including large pension funds), being attracted by higher profits as a result of higher food prices

Supply

  • ever-increasing production of biofuels: a result of peak oil, rising fossil fuel demands from growing economic power houses like China, India and Brazil, climate change concerns, misguided and unsustainable government policies and economic interventions, profiteering by energy companies and other factors that made energy prices shoot up; all have led to a reduction in available areas dedicated to growing food and diverting millions of tons of cereals away from food markets
  • climate impacts, having led to weather related crop destruction over the last few years in main food producing countries like Russia, the US and Australia
  • the so-called Green Revolution that started to deliver increasing outputs since the 1960 is coming to the end of its life cycle
  • urbanisation and pollution are contributing to a growing scarcity of land and water; it is predicted that by 2030, 47% of the world’s population will be living in areas under water stress if current trends aren’t being reversed (and that will not just affect to so-called developing world)
  • government policies, especially restrictions and bans on food exports having negative consequences on food availability

Interesting times ahead, not just for food supply but also for whatever exists as world peace …

Source: SMH

Another brilliant article by Elizabeth Farrelly published by the Sydney Morning Herald. This time on why the privileged at the top of our societies, the so-called leaders in politics, sports and business, get away with pillaging, corruption, murder and rape. Do they have a specially sanctioned system of ethics? Do we approve of their seemingly impunity-driven Silverback actions? What is our relationship to these mainly alpha males that for example makes us think that rape is just a slight sexual digression or at the most a sex crime, instead of seeing it as a violence crime based on the assumed right to having power over someone else? Why aren’t we bothered when the heads of governments and armed forces play games that kill thousands of innocent villagers?

Farrelly offers some interesting observations and reflections in her usual hard-hitting and eloquent way. One small reservation though: while I’m enjoying the bollocking those so-called leaders, the last paragraph is somewhat detrimental to the post; it deflates the whole previous argument and almost kills it. There’s an easy fix though: just ignore it ;).

Gruesome gorillas in our midst

What do Dominique Strauss-Kahn, Sepp Blatter and the NSW Labor Right have in common? Only this. The grotesque sense of entitlement that lets top people act in ways totally unacceptable for the rest of us.

This is silverback behaviour. “Every group needs one,” says the trailer for Mountain Gorilla, “and every male aspires to be one.” True, perhaps, for those primates. But is it also – still – true for us?

When l’affaire DSK broke on May 15, France was shocked – not by the allegation that this presumed presidential contender had forced a hotel maid to perform une fellation, but that he had been jailed for it like a common criminal.

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Christine Boutin, France’s Christian Democrat leader, insisted DSK had been entrapped, as though it were inconceivable that this wealth-loving socialist and legendary womaniser might do wrong. This was the truly astonishing aspect of the Strauss-Kahn affair; the revelation that, at the top of this powerful and finger-pointing organisation, ethics simply do not apply.

The IMF’s 2400 staffers must abide by its increasingly stringent and policed ethical code, but its 24 directors are above scrutiny.

It’s no isolated case. We laugh at the Putins and Berlusconis, the Stalins and Bushes and Sarkozys, marvelling at their ongoing popularity as if we ourselves would never childishly follow such thugs. Yet we’re not so different, having just spent over a decade politely re-electing a Labor government that was clearly on the nose.

Only now, for example, is the 2007 below-market sale of Currawong to alleged Labor mates referred to ICAC. Engineered by the then secretary of Unions NSW, John Robertson, and facilitated by the Heritage Council member, uh, John Robertson, the Currawong sale seemed fishy from the start. Yet only now, with Tony Kelly’s vanishing, does sad little ICAC finally turn up the heat.

Or consider the weekend’s honours list, giving an AO to Mick Keelty who, as federal police commissioner, deliberately betrayed 19-year-old Scott Rush to Indonesian ”justice”. Keelty knew Rush was small-fry, and knew the father’s desperation, yet he dropped the boy into treatment we won’t tolerate for cattle.

Or take sport, which should be the cleanest of enterprises but consistently turns up among the filthiest. It’s dirty because of the money involved and because our reverence blinds us, but also because sport is native silverback territory.

Indeed, you might say sport derives its excitement from the tension between jungle-rule and the rules of the game. The same tension in the boardroom, however, generates cosiness and corruption. As the New York judge Loretta Preska noted in dismissing a 2007 appeal, “FIFA … still does not govern its actions by its slogan ‘Fair Play’.”

Sepp “let the women play in … tighter shorts” Blatter survived the Qatar corruption scandal but, as head of this graft-ridden autocracy, probably shouldn’t have. Juan Antonio Samaranch, who as head of the IOC (on which Blatter also serves) was more tinpot tyrant than Spanish patrician, shamelessly parading over decades his predilection for Franco’s fascists, five-star presidential suites and being addressed as ”Excellency”.

It’s like the Kerry Packer tax question. Why do we constantly condone behaviour at the top which we ourselves would never get away with and which, as a society, we affect to despise?

One theory is that decency isn’t mandated at the top because it needn’t be, because silverbacks are inherently decent.

This would explain the huge public outcry, almost grief, whenever a favourite actor is found sniffing cocaine from toilet seats or a football star king-hits a colleague for fun. But were it true, such events would be rare. So, hmmm. Plausibility problem. Another explanation is that we, needing to revere our Churchills and our Menzies, simply overlook their failings. But there’s a third, more disturbing possibility; that we actually select leaders who can look moral while acting in ways that are profoundly not. Leaders who have perfected the art of church-and-apple-pie Sundays while bombing the shite out of Third World villages. Leaders, that is, whose hypocrisy facilitates our own.

No surprise, then, that these primal morals accompany equally primitive attitudes to both violence and sex, blurring the bounds between these, our most primate appetites.

Open any paper and alongside the relatively innocent tabloid array of celebrity babies, boob-ads and ministerial fishnets there’s a whole other, more sinister genre of forced sex: paedophile priests, Gaddafi rape squads, campus stalkers, child-immigrant rape, asylum-seeker rape, workplace abuse (and its profits), naked French chaps leaping on hotel maids and rape rampant – so to speak – throughout the armed forces.

This is silverback territory, and it’s not actually sex at all. It’s repression, territory and power.

For there is a neglected distinction between sex and sexual abuse. Abuse, any psychologist will tell you, isn’t sex. It’s power. Rape is not a sex crime – though the titillation may be sexual – but a crime of violence. Yet these violent tendencies to treat others as territory are traits we consistently prefer in our leaders.

So is this reality? Has sex-as-repression always been core human behaviour and we’re just now noticing it? Or is it more that this brutal picture is the self-portrait we choose?

Even now the French press treats l’affaire DSK as a sexism issue – les phallocrates getting their comeuppance at last – while we treat it as a fascinating scandal, with added political frisson because the maid in question is black. But it’s not really about sexism or racism. It’s about the kind of monkeys we want running the show.

There is of course a good argument for evil, which is that perception depends on contrast. We wouldn’t feel goodness without knowing its opposite. But I’m suggesting more than that. That we actually love evil, especially when it’s in the closet.

Perhaps we’re like those chimps in the snake-in-the-box experiment, who know there’s really bad stuff in there but cannot resist going back for another peek. Are we secretly attracted to evil?

Maybe so. Then again, maybe we’re overdoing this whole primate thing. Maybe we could work a little on the sapiens angle instead. If actual goodness is too big an ask, just a little wisdom at the top would go a long, long way.

Sydney Morning Herald columnist, author and architect
More Elizabeth Farrelly articles

 

 

 

Source: Scott Carney, Wired Science

A few days before the Indian celebration of Holi, an emaciated man with graying skin, drooping eyes, and rows of purple needle marks on both arms stumbled up to a group of farmers in the sweltering Indian border town of Gorakhpur. The city is the first stop for many thousands of refugees streaming in from Nepal, a country even more perpetually impoverished than India. Over the years endless refugee hardship stories had dulled the farmers’ instincts for sympathy, and junkies were even lower on their list for charity handouts. at first the farmers ignored the man’s request for bus fare. But he persisted. He wasn’t a refugee, he said. He was escaping from a makeshift prison where his captor siphoned off his blood for profit. The farmers shook off their stupor and called the police.

For the last three years the man had been held captive in a brick-and-tin shed just a few minutes’ walk from where the farmers were drinking tea. The marks on his arms weren’t the tell-tale signs of heroin addiction; they came from where his captor, a ruthless modern-day vampire and also a local dairy farmer and respected landowner named Papu Yadhav, punctured his skin with a hollow syringe. He had kept the man captive so he could drain his blood and sell it to blood banks. The man had managed to slip out when Yadhav had forgotten to lock the door behind him.

The emaciated man brought the officers to his prison of the last three years: a hastily constructed shack sandwiched between Papu Yadhav’s concrete home and a cowshed. A brass padlock hung from the iron door’s solid latch. The officers could hear the muffled sounds of humanity through the quarter inch of metal.

They sprung the lock and revealed a medical ward fit for a horror movie. IV drips hung from makeshift poles and patients moaned as if they were recovering from a delirium. Five emaciated men lying on small woven cots could barely lift their heads to acknowledge the visitors. The sticky air inside was far from sterile. The sun beating down on the tin roof above their heads magnified the heat like a tandoor oven. One man stared at the ceiling with glassy eyes as his blood snaked through a tube and slowly drained into a plastic blood bag on the floor. He was too weak to protest.

A crumpled nylon bag next to him held five more pints. Inside were another nineteen empty bags ready for filling. Each had official-looking certification stickers from local blood banks as well as bar codes and a seal from the central regulatory authority.

The room was not unique. Over the next several hours the cops raided five different squats on the dairy farmer’s land. Each scene was as bad as the last, with patients constantly on the verge of death. All told they freed seventeen people. Most were wasting away and had been confined next to hospital-issued blood-draining equipment. In their statements the prisoners said that a lab technician bled them at least two times per week. Some said that they had been captive for two and a half years. The Blood Factory, as it was quickly known in the press, was supplying a sizable percentage of the city’s blood supply and may have been the only thing keeping Gorakhpur’s hospitals fully stocked.

That evening police rushed the men to the local Civil Hospital to recover. The doctors there said that they had never seen anything like it. Hemoglobin supplies oxygen to various parts of the body, and low levels of it can lead to brain damage, organ failure, and death. A healthy adult has between 14 and 18 grams of hemoglobin for every 100 milliliters of blood. The men averaged only 4 grams. Leeched of their vital fluids to the brink of death, all of them were gray and wrinkled from dehydration. “You could pinch their skin and it would just stay there like molded clay,” said B. K. Suman, the on-call doctor who first received the patients from police custody.

Their hemoglobin levels were so low that the doctors were worried about bringing them up too quickly. One told me that they had become physically addicted to blood loss. To survive, the doctors had to give them iron supplements along with a regimen of bloodletting or they could die from too much oxygen in their circulatory systems.

After a few weeks in captivity, the prisoners were too weak from blood loss to even contemplate escape. A few survivors recalled to the police that the original group was much larger, but when Yadhav sensed that a donor was becoming terminally sick, he just put them on a bus out of town so that their deaths would be someone else’s responsibility.

Papu Yadhav kept meticulous ledgers documenting the volume of blood that he sold to local blood banks, hospitals, and individual doctors as well as the hefty sums that came back. The notes made it particularly easy for the police to understand the entire operation. Vishwajeet Srivastav, deputy superintendent of police in Gorakhpur in charge of the case, says that the records showed that Yadhav started as a small commercial venture that only propped up his dairy business. In the beginning, at least, he offered a straight deal to the drug-addled and destitute potential donors that he picked up at Gorakhpur’s bus and train stations.

The $3 he gave for a pint of blood would buy food for several days. It was illegal, but it was also easy money. Yadhav could easily turn over common blood types for $20 quick profit, while rarer groups could fetch up to $150 a pint. It didn’t take long for the situation to deteriorate. As his operation grew, he got tired of trolling the city’s transit points. So Yadhav offered the donors a place to stay. With the men under his roof, it was only a matter of time before he took control of their fates though a mixture of coercion, false promises, and padlocked doors.

The blood business got so big that he needed help. He took on a former lab technician named Jayant Sarkar, who had experience running an underground blood farm in Kolkata before he was chased out of the city in the late 1990s. Together Yadhav and Sarkar grew into one of the main blood suppliers in the region. The business concept was similar to that of Yadhav’s milk farm. The two were so interrelated that he kept the cowsheds and human sheds next to each other to economize on space.

Two months after the initial raid the police rounded up nine men: lab technicians who oversaw collection, secretaries at local blood banks who wanted to line their pockets with extra profits, middlemen who ferried blood around the city, and nurses who tended the herd. Smelling trouble, Sarkar was able to escape the city, but Papu Yadhav was captured near his home and served a total of nine months in jail. After a month at Civil Hospital his former captives migrated back to their homes all across India and Nepal.

It is tempting to view the horrors of Gorakhpur’s blood farm as an isolated incident: the sort of aberration that only happens on the margins of the civilized world and unrelated to the blood supply anywhere else. But the existence of the blood farm suggests a deeper problem with the circulation of human materials in the market. The blood farm could never have existed without eager buyers who were either incurious about the supply or just didn’t care about the source. And once medical personnel were willing to pay money for blood without asking questions, it was almost inevitable that someone would exploit the situation to maximize profit. In fact, the world volunteer blood system is so fragile that a slight hit to the supply could immediately spark the sort of commercial blood piracy that blossomed here.

I arrived in Gorakhpur on the eve of Papu Yadhav’s release hoping to better understand how a city of two million people became so easily dependent on a blood farm. While the excesses in this city stretch the bounds of the ordinary, the situation was by no means unique to India. Perched precariously on the border of India and Nepal, Gorakhpur is a mashup of the chaos and pollution of an industrial boomtown and the endemic poverty of rural India. a single rail line and poorly maintained road connect Gorakhpur to the state capital of Lucknow. still, the city is the central hub for a dense string of villages in what is one of the most densely populated rural areas of the world. Gorakhpur is the only settlement for almost one hundred miles with any sort of urban infrastructure. As such it’s an important outpost for the government’s presence in the region. The city is in the difficult position of providing basic services for a giant swath of the country, and yet simultaneously being a low development priority. It is a city built on a foundation of shortages.

Worst hit are Gorakhpur’s overburdened medical facilities, which are a lifeline to tens of millions of rural farmers and migrant workers. offering subsidized—and in some cases free—care, the hospitals are magnets for the underprivileged. Even the gigantic Baba Ram Das hospital campus with almost a dozen buildings and a fleet of ambulances has lines of rural patients streaming out the front door. The other major hospitals are even more crowded. The glut of patients poses several major challenges, especially in the blood supply. Even procedures as routine as birth drive up the demand—a pregnant woman in need of a cesarean section will need at least two pints of blood on hand in case of complications. The millions of migrants who come to the city’s hospitals are already sick and in no shape to open up their veins. There are simply too few good candidates for blood donation.

It’s a perfect storm for the worst forms of medical malpractice and ethics. There are no opportunities for the comparatively small local population to replenish the stocks of blood through voluntary donations, so hospitals have little choice but to rely on the underground machinations of local blood dealers. A blue-and-white neon sign hanging a five-minute walk from Papu Yadhav’s former blood farm announces Fatima Hospital, one of Gorakhpur’s five blood banks. There, a patchwork of concrete rubble and construction debris lies just inside the hospital’s iron-and-brick gateway, as the hospital is in shambles while undergoing a major renovation. But the blood bank was too important to put off or leave nonfunctional during the renovation. so the Jesuit church that is financing the construction saw to it that the blood bank was finished first. But for now, that means avoiding stray cats, picking my way across piles of rebar and sand, and climbing unfinished stairways to get to the hematology department.

But once I’m inside it’s like being in a different world. The place is packed with state-of-the-art equipment, including a sub-zero refrigerator that can store blood almost indefinitely and shiny new centrifuges that can separate blood into its component parts. The unit is the brainchild of Father Jeejo Antony, who runs the hospital for the local diocese. However, all the high-tech gear in the world won’t help his main problem. He tells me that they barely collect enough blood to meet his own hospital’s needs, let alone the city’s. The problem, he says, is that most people in India won’t give blood voluntarily. He says that many local people here are superstitious and believe that losing bodily fluids will make them weak for the rest of their lives. This is partly why the city began depending on professional donors.

“Papu Yadhav is only a scapegoat. There are many more people behind the blood sales than low-level people like him,” he says when I bring up the case, adding, “There are agents in every nursing home and every hospital. When a doctor requests blood, it gets arranged somehow.”

After showing me around the lab, he leads me to his expansive office downstairs and offers me a cup of spiced chai. When we’re comfortable he tells me that he moved to Gorakhpur from his home state of Kerala to make a difference in people’s lives, but he’s unsure that anything he does with a voluntary blood bank is going to lessen the pressure. In fact, he says other people have come up to replace the Yadhav gang. One week after the police arrested Yadhav, requests for blood at the blood bank spiked 60 percent. But now, a year later, “the demand has fallen off.” There are no new blood banks in the city, and no sudden influx of donors, but blood is coming from somewhere.

Legal blood donation works slightly differently in India than it does elsewhere in the world. since few Indians are willing to donate through pure altruism, patients are expected to provide their own donors to give blood to a blood bank to replace the pints that they will use during surgery. once the patient has received credit for a blood donation through a friend, they can draw a matching unit for their own surgery. In theory this means friends and family must step forward to come to the patient’s aid. But the reality of the system is different. Instead of asking their relations to give blood, most people rely on an informal network of professional donors who hang out in front of hospitals willing to give blood in return for a small fee.

Father Antony says that there is little he can do to stop the blood selling. Hospitals are caught in a double bind between saving the lives of patients on the operating table and potentially exploiting donors. From the clinical perspective, when a patient is dying on the operating table, buying blood seems like the lesser of two evils. He tells me that his hospital is too small to attract semiprofessional donors, but all of the major hospitals in the city have them. a good place to start, he says, would be the same hospital that treated papu Yadhav’s prisoners after their rescue by police.

—–

Dr. O. P. Parikh, director of Gorakhpur’s Civil Hospital, has donated thirteen pints of blood in his life and would like to donate four more before he retires at the end of next year. Yet he says that he is the exception to the rule. The rest of the city is not as giving as he is. Responsible for the overall operation of the hospital, he says that blood supply is a constant problem. “People here are afraid of donating. They don’t want to exchange blood; they just want to buy it.” And at 1,000 rupees, or about $25 for a pint, it isn’t hard to find donors.

Fifty feet outside of Parikh’s door is a string of makeshift tea shops and cigarette sellers who double as blood brokers. After a discreet inquiry with a man with paan stains across his lower teeth, I’m told to meet a man named Chunu, who is the resident professional donor. “Just be sure that you trade it in at the bank. He’s got HIV; the blood isn’t always screened,” the man warns before sending me on my way. Five minutes later I’m in an alley behind the hospital face-to-face with a small, bearded man holding a shawl over his head and ears. I tell him I need a pint of B negative blood as quickly as possible.

“B negative is rare and difficult to find these days,” he says. “You can get it but we need to send for it from Faizabad or Lucknow,” two district capitals about one hundred miles from here. He says he could arrange it for 3,000 rupees, a high figure. I tell Chunu that I will think about it and leave him outside the hospital gate to speak with other customers.

Civil Hospital’s blood bank is a picture of helplessness. The steel refrigerator containing blood packets is close to empty, with only three packets ready for transfusion. The blood bank’s director, K. M. Singh, says, “Yesterday someone came in and asked for blood, but we had to turn them away. I tell them that blood is not for sale; you have to give it to get it. But they went away and came an hour later with a donor. How am I to know if they paid that person?”

Gorakhpur’s five blood banks can only fulfill about half the required demand. Responsible for providing their own blood for operations, patients sometimes don’t even know that they are breaking the law when buying blood.

The maternity ward at Baba Raghav Das Hospital, the city’s largest government medical institution, is a dismal place to bring life into the world. A coat of translucent green paint on the giant bay windows, put there presumably to reduce the glare, bathes the concrete wards in a sickly light. In the cramped ward about fifty women, still wearing the clothes they brought from home, recover from cesarean sections on thin cots. Some have beds, while others are forced to recline on the concrete floor.

There are dozens of newborns in the room, yet oddly none of them seems to be crying. It is as if the place’s cavelike qualities swallow up all the sound. A woman coddling a baby girl adjusts her robe before removing her own catheter and draining a red soupy mixture into a wastebasket below her bed. Despite the conditions, BRD offers these people a rare chance to see a doctor. The wards are just one of the prices they pay for access to medical assistance.

One migrant, Gurya Devi, has traveled more than one hundred miles from a farming village in the neighboring state of Bihar because she feared there might have been complications during labor. A doctor who never told her his name spent a total of five minutes meeting with her. He said that she would need a cesarean section. As a precaution, he said they would need a pint of blood on hand, and could get a donor for 1,400 rupees (about $30). “It was easy,” she says. “We didn’t even have to think about it; the doctor arranged it all.”

The blood could have come from anywhere.

Images: Scott Carney

Scott Carney is an investigative journalist and contributing editor at Wired and the author of The Red Market: On the Trail of the World’s Organ Brokers, Bone Thieves, Blood Farmers and Child Traffickers. His new book of which the above post is an excerpt is called The Red Market.

Isabel Allende tells tales of passion.

She’s not only a brilliant writer but also an activist, a feminist and a wonderful story teller. It’s a talk that, when you listen to it with your heart, makes you laugh, cry and, at least for a moment, very passionate. Allende easily outshines most of the other TED talks I have listened to so far!

Click here to go to the TED website to listen to the talk.

The Guantánamo Bay Files are just another case in point for the Guardian’s editorial policies. The files spell out the Americans’ suspicions about individual detainees’ involvement with terrorism, their intelligence value and the threat they are considered to pose if released. They give an insight for example into

• Innocent people interrogated for years on slimmest pretexts
• Children, elderly and mentally ill among those wrongfully held
• 172 prisoners remain, some with no prospect of trial or release

The files were shared with the Guardian and US National Public Radio by the New York Times, which says it did not obtain them from WikiLeaks.

For more and extensive information on the Guantánamo Bay Files go to the Guardian website.

Americans snatched Sami al-Hajj from Pakistan, believing him to be an al-Qaida courier and source of information on Bin Laden

Ian Cobain | The Guardian – The Guantánamo Files

Al-Jazeera journalist Sami al-Hajj speaks after his release from Guantánamo Bay.

An al-Jazeera journalist was held at Guantánamo for six years partly in order to be interrogated about the Arabic news network, the files disclose. Sami al-Hajj, a Sudanese cameraman, was detained in Pakistan after working for the network in Afghanistan after 9/11, and flown to the prison camp where he was allegedly beaten and sexually assaulted.

His file makes clear that one of the reasons he was sent to Guantánamo was “to provide information on … the al-Jazeera news network’s training programme, telecommunications equipment, and newsgathering operations in Chechnya, Kosovo and Afghanistan, including the network’s acquisition of a video of UBL [Osama bin Laden] and a subsequent interview with UBL”.

The file shows that the camp authorities were convinced that al-Hajj was an al-Qaida courier who had provided funds for a charity in Chechnya suspected of having links with Bin Laden.

However, the contents of the file also appear to support complaints made by al-Hajj to his lawyer, Clive Stafford Smith, that during his first 100-plus interrogations he was never once questioned about the allegations he faced, and that he eventually demanded that he be questioned about what he was supposed to have done wrong.

Stafford Smith believes the US military authorities were attempting to force al-Hajj to become an informer against his employers.

Al-Hajj was finally released in May 2008.

Giving Nature Its Own Rights Might Avert Future Oil Disasters

Hundreds of lawsuits have flowed from the Deepwater Horizon catastrophe, filed by citizens, states and the federal government. And someday, perhaps, the Gulf of Mexico’s ecosystems will also file suit.

Environmental philosophers and other people say that biological communities — ecosystems, habitats, species and populations — have a right to exist. They’re not just valuable because they’re someone’s property. Environmental lawyers say courts should recognize this right, and could allow people to represent nature as legal guardians or trustees.

Were nature’s rights recognized before the Deepwater Horizon wellhead blew, the destruction might have been avoided. In its aftermath, future disasters might at least be averted. If nothing else, pollution’s toll would be fully acknowledged in courts of law, not just public conscience.

“There is room in our legal system to expand the concept of guardianship,” said Patricia Siemen, executive director of the Center for Earth Jurisprudence. “The inlets and the marshes, the beaches that are damaged, species of birds that are threatened — each one may have its own guardian, with a right to speak for the interests of that being, and the legal authority to speak for that being.”

Legal recognition of ecological rights was originally proposed in 1972 by University of Southern California law professor Christopher Stone, who floated the idea as an academic exercise but became convinced of its justification. To Stone, arguments against the intrinsic rights of animals and ecosystems to exist were no more coherent than historical arguments against the rights of foreigners, children or women.

(Had Stone written a century earlier, he would have found a sympathetic ear in Charles Darwin, who in The Descent of Man wrote that humanity’s social impulses produced an ever-expanding circle of empathy. As mankind extended his regard “to the lower animals, so would the standard of his morality rise higher and higher.”)

‘The way our laws are constructed, anybody in the community can stand in the shoes of the river, so to speak.’

Stone’s landmark essay “Should Trees Have Standing?” (.pdf), was derided by some scholars. “Our brooks will babble in the courts / Seeking damages for torts,” chided one attorney. Others embraced it, including Supreme Court justice William O. Douglas. It became an environmental rallying point, and influenced legal activism in the decades to come.

In its modern form, natural rights are not usually framed in terms of individual creatures — though laws against cruelty to animals implicitly acknowledge their rights — but rather populations and ecosystems. In many ways, laws recognize those rights, too: The Endangered Species Act says that species have value. The Oil Pollution Act, which will guide the environmental assessment of Deepwater Horizon’s damage (.pdf) and ultimately determine what the U.S. government asks BP to pay for restoration, appoints various federal agencies as trustees of damaged Gulf habitats.

But there are important differences between the trusteeship sought by natural rights advocates and the trusteeship of the Oil Pollution Act. Under that law, only federal agencies can represent the Gulf of Mexico’s nature. Citizens and communities cannot. Meanwhile, the OPA’s trusteeship only kicks in after a disaster.

“Where natural rights would have the greatest influence in the context of oil and oil spills is before oil spills occur, when you’re trying to prevent damages from occurring,” said Kathryn Mengerink, director of the Environmental Law Institute’s Ocean Program.

A natural rights strategy for Gulf citizens can be found in statutes drafted by the Community Environmental Legal Defense Fund, a nonprofit group that’s worked with dozens of Pennsylvania communities trying to restrict natural gas drilling and sewage sludge dumping. The statues explicitly grant towns and cities — most notably, Pittsburgh — legal standing to enforce the rights of ecosystems and natural communities.

“The way that environmental laws work now, is that unless you experience direct harm, you don’t have legal standing,” said Mari Margil, the CELDF’s associate director. “The way our laws are constructed, anybody in the community can stand in the shoes of the river, so to speak.”

‘Nothing in the text of Article III [of the U.S. Constitution] explicitly limits the ability to bring a claim in federal court to humans.’

Similar statutes wouldn’t have allowed Gulf communities to stop deep-water oil drilling — indeed, many Gulf communities wouldn’t have wanted to stop it — but the statutes would have given the public a chance to participate in drafting drilling regulations. BP might not have been given a free pass.

“The guardian for fish, for seagrass, for whatever might be granted, can be at the table where those regulations are drafted,” said Siemen. “Obviously, it has to be someone with a conservation biology background, but they’d be there to give input.”

If Gulf communities became legal guardians for nature, they would also have recourse should the government’s estimate of Deepwater Horizon’s environmental damage prove low. This could happen if there’s political pressure to settle with BP, if the science becomes skewed by corporate or political pressures, or if some damages are simply overlooked.

The spill’s deep-sea effects in particular may be underestimated, with assessments focusing on wetlands, shallow-water fisheries and other ecosystems that are both commercially valuable and relatively easy to study, said Cynthia Sartou, executive director of the Gulf Restoration Network.

Under the Oil Protection Act, however, only state and federal government agencies can represent nature. People could hypothetically sue the federal government to do a better job, but it’s unlikely. “You are very limited in your right to sue. You are very limited in your right to even comment on what they do,” said Sartou.

“In a system of natural rights, it wouldn’t simply be the federal government who has the opportunity to support those rights,” said Mengerink. “It would be the public. If you don’t trust the government to do its job, this would be added support.”

Whether natural rights statutes will hold up in court remains to be seen. So far, judges have been inconsistent in their treatment of the idea, which has generally been advanced in connection to individual animals rather than ecosystems.

One promising sign came from the federal Ninth Circuit court’s 2004 decision in Cetacean Community v. Bush, in which the court had to decide whether “the world’s cetaceans have standing to bring suit in their own name” in challenging the Navy’s use of whale-harming sonar. The court ultimately ruled against recognizing the cetaceans’ standing, but wrote that “nothing in the text of Article III [of the U.S. Constitution] explicitly limits the ability to bring a claim in federal court to humans.”

But Siemen warned that laws alone aren’t enough. “For a natural rights movement to be successful, there has to be a huge shift in our consciousness,” she said. “If we adopt more environmental laws, and there hasn’t been a shift in the value system of humans toward caring and protecting, then those laws won’t be enforced.”

Images: 1) Striped dolphins swimming through oiled water (NOAA). 2) Community of creatures around a “cold seep” on the Gulf of Mexico seafloor (Derk Bergquist/Marine Resources Research Institute, South Carolina Department of Natural Resources).

See Also:

Brandon is a Wired Science reporter and freelance journalist. Based in Brooklyn, New York and Bangor, Maine, he’s fascinated with science, culture, history and nature.
Follow @9brandon on Twitter.

Genentech, part of Roche Group, inventor of Avastin and Lucentis

Many great scientific discoveries were born out of pure accident.  How about curing blindness in only one or two treatments with a drug that was originally designed to combat cancer? What if it only cost around the same as taking your family to the movies? Impressed yet? You should be. Doctors have been using Avastin (bevacizumab), an anti-cancer drug, to treat certain types of blindness, such as vascular retinopathy, and the initiative paid off more than anybody ever imagined, the drug being 20% more effective than conventional laser therapy. However, there are always obstacles to great ideas, and this time they are human rather than technical. Roche Group, the company behind Avastin, simply does not support its use for treatment of retinopathy. Why? Roche’s official position is that they are concerned about patient safety since Avastin was not designed to be used for eye conditions. However, perhaps it has less to do with supposed safety concerns and more with the fact that Avastin costs approximately forty times less than Lucentis (ranibizumab), Roche’s officially supported retinopathy treatment?

Avastin was originally developed as a treatment for colon cancer. However, unlike the traditional chemotherapy, it works by preventing growth of capillaries in cancer tissue. Since cells receive the necessary nutrients through the blood, halting proliferation of blood vessels effectively starves the cancer until it dies off naturally. The idea to use Avastin to treat vascular retinopathy, a type of blindness caused by overcrowding of blood vessels in the retina, seems only natural as the next logical step, as many doctors have figured out, successfully treating age-related macular retinopathy in pre-maturely born babies. By using Avastin to stop the unchecked growth of blood vessels, doctors were able to prevent the degeneration of the retina, sometimes in only one treatment.

The difference? Around 1,550 bucks.

However, since Roche does not seem to be too keen on approving Avastin’s use on the eyes, doctors undertake such treatment at their own risk. The treatment of vascular retinopathy with Avastin remains off-label and unofficial. Of course, all is not lost: Roche is coming to the rescue with Lucentis, a patented retinopathy treatment from the makers of Avastin. The only problem is that Lucentis is nothing more than a smaller derivative of Avastin’s active compound. Sure, it has been subjected to a technique called affinity maturation, which, theoretically, makes it bind more strongly to the blood vessel proteins, but on a practical level, it does not seem to be all that more effective. In fact, the only practical difference between Avastin and Lucentis, when it comes to the treatment of vascular retinopathy, is the price. Avastin costs an average $40 per dose as opposed to Lucentis’ $1600.

Doctors both in the United States and Britain have been trying for many years to get Roche to organize clinical trials to compare the efficacy of Avastin and Lucentis, but Roche has been reluctant for obvious reasons. A recent study conducted by the National Eye Institute (NEI), which included over fifty-five participant medical centers, is supposed to finally put an end to the controversy of which drug to use to treat eye conditions. The study was only finished in February with the results showing no difference in efficacy between Avastin and Lucentis in treating vascular retinopathy. A smaller scale study was done in parallel in Boston University School of Medicine that reached the same conclusion.

All of this really begs the question of just how genuine the pharmaceutical industry is. It is no secret that pharmaceutics is an expensive industry, especially in America. The United States spends the most on healthcare out of the developed countries, in large part because of medication, and still manages to have the highest rates for infant mortality and diabetes. Incidentally, the United States is also the only country in the world that allows advertising of medicines on public television. It is this practice that inflates the price of drugs for the average consumers – the marketing budget for a particular solution is usually always factored into the manufacturer’s price. This and other business practices hike the prices of medicines to obscene amounts even though the actual drug costs cents per pill to produce.

However, much more is at stake here than pharmaceutical companies trying to recuperate the indirect costs of production by charging a higher price for the drug. The most insane fact in this whole controversy of Avastin vs. Lucentis was that Roche blatantly refused to approve, or even test, a product that was obviously effective, all the while trying to push through an almost exact copy for forty times the cost. Of course, in a capitalist economy, everyone is within their right to make a profit on a product of their making, but therein also lies the problem. The chief priority of any private company is not to actually produce anything, but to make a profit on whatever it is producing.

Of course, the study that was conducted by NEI should clear everything up in this case, but who can really be sure that other companies and other medications are not involved in similar incidents? How can the person paying for a drug know that he is really paying what the drug is actually worth? Perhaps this is a good moment to take a closer look at the pharmaceutical industry and possibly reform or tighten some of their regulations. Hopefully, this case will be a strong stimulus to launch such a reform and see that it is carried out to completion. Sadly, though, few of us believe that will actually happen.

[Source: The Guardian, National Eye Institute, Roche Group, Visual Economics]

By David Hill on Singularity Hub

Another chapter in the ongoing David-and-Goliath-esque saga between organic farmers and the Monsanto Company kicked off recently with a lawsuit filed in federal court. The suit, titled Organic Seed Growers & Trade Association, et al. v. Monsanto, is an effort by a group of family farms, seed businesses and organic growers associations to both protect themselves from being sued by Monsanto and undermine its patents on genetically modified or transgenic seeds. The Public Patent Foundation filed the suit on behalf of these farmers and organizations, which collectively represent over 270,000 members. While it may appear to be just another hopeless attempt by a small band of rebels against a powerful, unrelenting empire, this lawsuit has the potential to stop the bullying practices of the company and undermine its foundation permanently.

As many readers are probably aware, genetically modified food is highly prevalent in the States and an increasing amount of transgenic seed is being used in other countries, though regulatory issues remain. Since the genetics revolution of the 1970s, interest in using gene technology to produce better food has abounded, and an obvious way to accomplish this is to make plants more robust to environmental changes and pathogens, which would ultimately lead to better yields. Monsanto’s approach has been to develop technology that makes plants genetically resistant to herbicides, so that fields could be sprayed with the company’s herbicide, called RoundUp, without crop loss. The way Monsanto immunized plants was to incorporate genes from other organisms into the natural plant genomes, patent their technology and then sell the transgenic seeds to farmers.

So how could a seemingly great technological advance from a company that claims to stand behind farmers end up being voted as the Most Evil Corporation, according to a NaturalNews poll, and become the subjects of some eye opening documentaries like Food, Inc. and The Future of Food? Fundamentally, it boils down to three things:

1.       Monsanto aggressively defends their patents.

How aggressively? Put it this way…Monsanto puts the “agro” in agricultural patent law. What’s worse is that the genes themselves are patented. So let’s say farmer A is using Monsanto seed next to farmer B who is using seeds passed down through the family. If the wind blows the wrong way, a seed gets caught in the fur of field mice, shared equipment gets contaminated or any other possible way that a transgenic seed or a patented gene should happen to get from farmer A’s field into farmer B’s crops and then Monsanto finds out about it, odds are the company will sue farmer B for patent infringement.

2.       Monsanto has pushed its transgenic seed business hard.

The lawsuit claims that currently 85-90% of all soybeans, corn, cotton, sugar beets, and canola grown in the United States contain Monsanto’s patented genes, primarily marketed under the RoundUp Ready brand, and its global reach is extending. That’s right — we are all already consuming these genetically modified foods.

3.       Transgenic seeds and natural seeds cannot coexist…and Monsanto knows it.

Unlike a traditional manufacturer that must continually make product, plants derived from Monsanto’s transgenic seeds make more transgenic seeds as part of their reproduction. Successfully introducing transgenic seeds into crops permanently places the gene in the genome of the species. The lawsuit puts forth that organic canola became extinct after contamination from transgenic seed and warns that the future of many crops, including organic corn, soybean, cotton, sugar beet, and alfalfa, face the same fate. It is an impossibility for a company to have the scientific prowess to develop this kind of genetic technology and yet be ignorant of population genetics within an ecosystem. In other words, Monsanto merely has to bide its time before its patented genes have found their way into the agricultural systems of the world and then everyone will have to buy its products.

In light of these points, what on earth could this little lawsuit actually accomplish, especially when a group known as the Organic Elite, consisting of Whole Foods Market, Organic Valley, and Stonyfield Farm, effectively surrendered to Monsanto this past January?

It turns out a lot.

Thanks to a previous controversial lawsuit that went in Monsanto’s favor last year, an opportunity was given to the organic community and anyone else worried about preserving a transgenic-free food supply. The Supreme Court overturned a ruling from a San Francisco district court, which had said that the USDA had approved Monsanto’s RoundUp Ready alfalfa seed illegally and forbade sales until the USDA completed an investigation. However, in that same hearing, the Court also recognized that economic loss due to genetic contamination or gene flow now constitutes “environmental harm,” which is antithetical to patent protection. This means that a technology can only be protected by a patent if it can be shown to be beneficial to the well-being of society.

So if someone could come along and show that Monsanto’s seed technology were causing environmental harm, either economically or genetically, to individuals and/or society as a whole, then the patents might be nullified and therefore not enforceable.

Enter the Organic Seed Growers & Trade Association.

As the plaintiff in this case, this association is seeking to protect the farmers from being sued, for sure, but what it really wants to accomplish is no less than hobbling Monsanto for good. If the patents can be rendered invalid, then not only will the Monsanto v. anyone-who-accidentally-uses-a-transgenic-seed lawsuits stop, but the anyone-who-cares-about-food v. Monsanto lawsuits are going to keep coming.

While the lawsuit brings up many issues and emotions about food and the future of society, its worthwhile taking a moment to reflect on the reality of what all of this means.

Without a shadow of a doubt, genetically modified foods were certain to become part of our future.  There are some people who like the idea of food that is completely naturally grown that is never tainted by anything, but frankly, that approach only worked when there was one percent of the human population of today. The bottom line is the world needs more food and businesses need the food industry to be profitable. The genetics revolution opened the door to bolstering the DNA of plants and animals that provide foodstuffs against harmful conditions and organisms to create nutrient-rich superfoods. It only makes sense that in due time foods would be genetically modified to meet the demands of everyone. But clearly that research needed to be done carefully while respecting nature, and the development of products should have been done with a significant amount of oversight.

farmers_marketIt may be too late for even organic food markets to protect consumers from Monsanto’s gene technology

The real problem that this lawsuit underscores is Monsanto has been cavalier in its business practices. The company has taken an irresponsible stand on the negative impact its technology could have on crops worldwide, instead choosing to focus on market penetration and profits. Science has only scratched the surface on the complex role between genetics, diet, and environment, so how in the world can a company claim that introducing a foreign gene into a seed’s DNA is going to be safe for everything and everyone, both now and in the distant future? They can’t, but the law doesn’t require them to and that’s a detrimental problem. The legal system needs to catch up with the realities of the Genetic Age and fast.

Companies are often given credit for making the world a better place, but certainly no company wants to go down as the one that tainted the food chain. Hopefully, this lawsuit can at least protect organic farmers, but just maybe it will finally put the agricultural giant in its place. Unfortunately, it may be too late for certain crops. We have to sober up to an unfortunate truth: thanks to the aggressive and ecologically-disastrous policies of Monsanto, we may be eating a Monsanto gene with every spoonful whether we want to or not.

[IMAGE: sxc, sxc]

[SOURCE: FastCompany, Grist, Monsantoblog, NaturalNews, Organic Seed Alliance, OSGATA, PubPat,
 

Genetically Modified Rice and Corn To Grow in China, then the World

 

 

The Genetically Modified Food You Eat

 

 

Future of Genetically Modified Rice/Corn in China May Be Both Certain and Delayed