Latest Developments, March 27

In the latest news and analysis…

Red Cross hotel
The Center for Economic and Policy Research questions Red Cross priorities as the humanitarian organization considers building a luxury hotel and conference center on Port-au-Prince land it bought with Haiti earthquake relief funds.
“Considering the hundreds of people who have recently been forcibly evicted – with some recently having been burned out of their camps in suspicious arsons – couldn’t this be space that the Red Cross could offer them, rather than using it for a commercial venture that might not even be viable?
The Red Cross’ post-quake spending and use of funds, as the largest NGO operating in Haiti, has been controversial almost since the beginning. News that some ‘funds donated by national Red Cross agencies for quake recovery’ – much of which almost certainly came from individuals who believed their money would be used for emergency relief – might instead be used for a risky commercial venture (and one that caters to NGO’s and tourists) could provoke more controversy.”

Mosque outreach
The American Civil Liberties Union reports it has obtained documents indicating the FBI used a “mosque outreach” program to gather intelligence on American Muslim groups and their members “without any suspicion of wrongdoing.”
“The documents also show that the FBI categorized information about American Muslims’ First Amendment-protected and other entirely innocuous activities, as well as mosque locations, as ‘positive intelligence’ and disseminated it to agencies outside the FBI. As a result, the agency wrongly and unfairly cast a cloud of suspicion over innocent groups and individuals based on their religious beliefs and associations, and placed them at risk of greater law enforcement scrutiny as potential national security threats. None of the documents indicate that the FBI told individuals interviewed that their information and views were being collected as intelligence and would be recorded and disseminated.”

Suspicious skin
The Global Post reports a German court has ruled that certain police can use the colour of a person’s skin as justification for demanding to see identification.
“However, judges ruled that skin color was reasonable grounds on which to carry out ID checks, since the train route in question is often used by illegal immigrants to enter Germany. Since police cannot check every passenger’s papers, they must select which people to ID based on their ‘border policing experience,’ the judgment said.
The officers are therefore allowed to make their choice ‘according to external appearance’ and without concrete grounds for suspicion, Agence France Presse reported.”

Drug talk
Former Mexican foreign minister Jorge Castañeda writes that the “failed war on drugs” will loom large in discussions at next month’s Summit of the Americas in Colombia.
“Recently inaugurated Guatemalan President Otto Pérez Molina, together with [Colombian President Juan Manuel] Santos and other heads of state, question today’s punitive, prohibitionist approach, owing to its enormous costs and meager results, and propose a different strategy: legalization.
Obama sent Vice President Joe Biden to Mexico and Central America a few weeks ago to forestall this trend, and he may have partly succeeded. Nevertheless, whereas only a smattering of political leaders and intellectuals advocated legalization in the past, nowadays officials are coming ‘out of the closet’ on drugs in droves. Those who used to say that they favored a debate on the issue now support legalization; those who opposed it now accept the need for debate; and those who continue to oppose legalization do so on moral, rather than rational, grounds.”

Crying foul
UN special rapporteur on the right to food, Olivier De Schutter, argues the international community must look at the big picture and get serious about accountability if sustainable development is to become a reality.
“What are framed as development policies often end up doing very little to help the most marginalised communities, and sometimes end up harming them. Meanwhile, the effects of genuine development policies can easily be overridden by industrial and infrastructural projects, trade agreements, and other external factors that tip the balance against small-scale farmers and fishers. It is therefore essential to be able to cry foul when missing policies, misguided policies, or the sum total of policies, work against sustainable development.”

Talk is cheap
Inter Press Service reports on a group of legal experts who are looking to hold world leaders to the promises they make at June’s Rio+20 sustainable development summit.
“ ‘We are really tired of declarations,’ Antonio Herman Benjamin, judge of the Supreme Court of Brazil, told an international gathering of legal experts here Monday. Despite some progress made since the 1992 Earth Summit held in Rio de Janeiro, Brazil, most governments have failed to fulfil their obligations.
As a result, the court has launched a new initiative to promote role of law in advancing sustainable development. It is known as the World Congress on Justice, Governance and Law for Environmental Stability.
The Congress’s scores of members from around the world include senior judges, prosecutors, legal scholars, auditors and development experts. They plan to focus on the problems and obstacles that hinder the implementation of multilateral environmental agreements.”

Immigration detention
Author Edwige Danticat writes in the New York Times that new US immigration guidelines recommend the bare minimum of human rights for detainees, more than 110 of whom have died in custody since 2003.
“The new [Immigration and Customs Enforcement] guidelines are not perfect. They do not offer, for example, alternatives to jail-like detention, even for unaccompanied minors, the elderly, the disabled or pregnant women. But they are a step forward. In addition to medical care, safe water and limited recreation, they also require that staff members not perform strip searches on detainees of the opposite sex and that detainees not be used for medical experiments or for clinical trials without informed consent. They will crack down on sexual assault by staff members, contract personnel or other detainees and suggest that victims of sexual abuse be given access to emergency medical treatment.”

Good intentions
Northeastern University’s Aziza Ahmed argues we must “interrogate the consequences of advocacy efforts,” however noble the cause may appear.
“First, anti-sex trafficking activism has an extremely negative impact on HIV programs. Sex workers are highly vulnerable to contracting HIV. A key victory for anti-sex trafficking organizations was the insertion of the anti-prostitution loyalty oath (APLO) into the US Leadership Act for HIV/Aids, TB, and malaria. This provision requires that organizations agree to oppose prostitution and sex trafficking. The APLO has the effect of disempowering sex worker organizations who refuse to sign on, shutting health services for sex workers, and alienating sex workers from public health programs.”

Latest Developments, March 26

In the latest news and analysis…

NATO secrecy
The New York Times’ C.J. Chivers writes that NATO is withholding information regarding civilian casualties of its Libyan campaign.
“In previous statements, [NATO Secretary General Anders Fogh] Rasmussen had said that there were no ‘confirmed’ civilian casualties caused by NATO in the entire war. That ringing denial overlooked two points: NATO’s definition of a ‘confirmed casualty’ is a casualty that has been investigated by NATO; and because the alliance has refused to look into credible allegations of the scores of civilian deaths that independent investigations have found it caused, it is impossible for the official tally to rise above zero.”

Nominee controversy
The Financial Times reports the US nominee for World Bank president is “under fire” over a 2000 book he co-edited, which was highly critical of “neoliberal” economic policies.
“But colleagues of Dr [Jim Yong] Kim and officials at the US Treasury said that when taken in context he was simply arguing that the distribution of gains from economic growth decides whether it makes life better for the poorest. They pointed out that such criticisms were widespread in the late 1990s and the World Bank had since changed its practices to take account of them.
‘Jim Kim is a brilliant man and fully understands the need for economic growth. What we have said in the book is that economic growth, in and of itself, is insufficient and will not automatically lead to a better life for everyone,’ said Joyce Millen, one of the co-editors of Dying for Growth, and associate professor of anthropology at Willamette University in Salem, Oregon.”

Mining claims
The CBC reports that a coalition of human rights groups has filed for Canada’s highest court to hear a lawsuit against a Canadian mining company for its alleged contributions to a massacre of civilians in the Democratic Republic of Congo.
“The groups allege that Anvil Mining Limited provided logistical support to the Congolese military who raped and murdered people as it crushed a rebel uprising in 2004, killing as many as 100 people in the port city of Kilwa.
That support allegedly included planes, trucks and drivers instrumental in ending the conflict. The port was key to the operation of a copper mine, the exit point for $500,000 worth of copper and silver every day.”

German apology
The Namibian reports on the growing pressure on Germany’s parliament to make amends for crimes committed in its former colony – now called Namibia – during the early 20th Century.
“More than 100 German NGOs have now signed the ‘No Amnesty to Genocide’ appeal to the German parliament joining the demand for a formal apology for the genocide and reparations.
The Left Party’s motion was debated in the Bundestag last Thursday, and the Social Democratic Party (SPD) and Green Party had also introduced similar motions, the latter of which [No Amnesty to Genocide’s Christian] Kopp said made no mention of payments of reparations.
Instead, said Kopp, the SPD and Green Party in their motions simply focus on demanding for the revival of the reconciliation initiative in the context of intensive development aid, and initiative he said was from the start unilaterally implemented with limited success so far.”

Private security boom
The BBC reports on the growing presence of foreign private military firms in and around Somalia.
“Another rapid growth area is the business of armed contractors hired to protect ships in Somalia from on board – a practice officially sanctioned for British ships by Prime Minister David Cameron in October.
Prof Chris Kinsey, a security expert at King’s College London, says Britain’s private security firms were “following the cash cow” much like they did in Iraq in 2003.

He predicts the recent discovery of oil in the region will generate even more work as “huge capital assets” like tankers and drilling ships need protection.”

Internet inequality
The Atlantic reports on new findings that suggest the “lion’s share” of online content still comes from the US and Europe.
“ ‘Many commentators speculated that [the Internet] would allow people outside of industrialised nations to gain access to all networked and codified knowledge, thus mitigating the traditionally concentrated nature of information production and consumption,’ [the Oxford Internet Institute’s Corinne Flick] writes. ‘These early expectations remain largely unrealised.’ ”

Speed kills
The Brookings Institution’s Kevin Watkins writes that Western actors bear some of the blame for the huge number of fatal road accidents in poor countries.
“The global nature of the crisis is epitomised by the road linking Kenya’s capital Nairobi to the port of Mombasa. Upgraded into an eight-lane superhighway with support from the World Bank and other donors, speed is up and journey times are down.
Pity they forgot about the children, hundreds of whom cross the road to get from their homes in the sprawling slum of Kibera to primary school. ‘It makes me scared every single day,’ Mary Kitunga, 12, told me.

Car companies talk about road safety, but people come a distant second to profit when they spot a market opportunity. That’s why major multinational companies operate one set of vehicle standards for the US and another for Brazil.”

Co-development
The Overseas Development Institute’s Jonathan Glennie makes a case for moving beyond aid and its one-way approach to sharing solutions.
“In 2010 Nigel Crisp, a former chief executive of Britain’s National Health Service, published an extraordinary book called Turning the World Upside Down: The Search for Global Health in the 21st Century. Like this [Global Health Strategies Initiatives] report, he argues that the solutions to global health problems are now at least as likely to come from unexpected sources in the developing world as from the west. But he goes a step further, bringing out lessons that rich countries can learn from poorer ones, and treating health similarly in rich and poor countries alike.
Crisp’s talk of ‘co-development’ rather than rich-poor international development resonates in this era of shifting power, and with a blog I wrote a few years ago arguing something similar. When western audiences start to look to poorer countries for solutions in health and in other sectors, they will finally have moved on from the era of aid.”

Latest Developments, March 25

In the latest news and analysis…

World Bank nomination
Boston University’s Muhammad Zaman praises the Obama administration’s choice of nominee for World Bank president – a position held exclusively by US citizens since the institution’s foundation – though not because of Jim Yong Kim’s Korean birth.
“The argument about him being a great choice because of the country of his birth, a developing Korea of the 1960s, is not particularly strong. He was fortunate to be raised by highly educated parents in the U.S. and went to some of the best institutions in the country for his training. To me, it was what he did with that training is the most interesting and exciting part. It is his deep conviction to change the status quo in global health, and his innovations in both research and practice that set him apart. From ‘Partners in Health,’ a paradigm shift in global health practice, to WHO, Harvard and then leadership at Dartmouth map the course of a man who has the necessary intellect to create bold and transformative changes for some of the most pressing problems of our time.”

Nuclear morality
United Press International reports that US President Barack Obama has said his country has a “moral obligation” to reduce its nuclear arsenal.
“ ‘I believe the United States has a unique responsibility to act — indeed, we have a moral obligation,’ Obama told students at South Korea’s Hankuk University of Foreign Studies.
‘I say this as president of the only nation ever to use nuclear weapons,’ Obama said. ‘I say it as a commander in chief who knows that our nuclear codes are never far from my side. Most of all, I say it as a father, who wants my two young daughters to grow up in a world where everything they know and love can’t be instantly wiped out.’ ”

Floating armouries
The Associated Press reports that private security companies are maintaining “floating armories” in international waters off Africa’s east coast so as to skirt laws governing the movement of weapons.
“Floating armories have become a viable business in the wake of increased security practices by the maritime industry, which has struggled for years to combat attacks by Somali pirates. But those in the industry say the standards vary widely.

There are between 10 and 12 ships operating as floating armories at any one time. About half a dozen are located in the Red Sea, three off the United Arab Emirates and a couple off the island nation of Madagascar, said Thomas Jakobsson of Sea Marshals Ltd.”

Shell mega-suit
Agence France-Presse reports British lawyers representing over 11,000 Nigerian plaintiffs have launched a lawsuit against oil giant Shell over spills in the Niger Delta.
“Shell’s Nigerian unit, Shell Petroleum Development Company of Nigeria (SPDC), has admitted liability for two spills of a total of about 4,000 barrels, after the spills were independently verified.
But Shell strongly contests the claims of London-based lawyers Leigh Day that some 500,000 barrels were spilled, arguing that the majority of spills are caused by illegal attempts to tap into pipelines.
Most of the claims were brought by people who claim their livelihood as fishermen has been destroyed.”

New UN expert
The Center for International Environmental Law reports that the UN Human Rights Council has agreed to appoint an independent expert on human rights and the environment.
“The Council’s resolution establishes an institutional vehicle to advance the linkages between Human Rights and the Environment.  It is expected that this new Special Procedure will lay the basis for the Council’s recognition of a universal right to a healthy environment.  In addition the new Independent Expert is tasked with identifying and promoting best practices relating to the use of human rights obligations to strengthen environmental protection.”

Pax ethnica
Queen’s University’s Will Kymlicka reviews a book that aims to “resuscitate the dream” of multiculturalism by showcasing five examples of ethnic harmony from around the world.
“And yet I worry about the strategy of invoking ‘unsung exceptions.’ After all, the very idea that these are exceptions implies that ethnic conflict is the norm. And, indeed, the authors describe these five cases as ‘harbingers of multiethnic peace in an otherwise feral world,’ which have overcome ‘history’s most pernicious quandary’ and ‘most intractable problem.’
Yet this, too, is a myth that must be challenged. There is nothing normal about ethnic violence. Many people think that Africa is being torn asunder by ethnic conflicts, but studies have shown that if you randomly pick any two neighbouring ethnic groups in Africa, the likelihood that they are involved in violent conflict is infinitesimally small. In describing their five cases as exceptions, Meyer and Brysac may unintentionally be reproducing the myth that ethnic diversity is prone to violence. I would have preferred a more direct attack on the claim that ethnic diversity creates a ‘pernicious quandary,’ rather than trying to identify ‘exceptions’ to the alleged quandary.”

Race to the bottom
In a Q&A with TrustLaw, Tanzanian bishop Stephen Munga rejects the argument that increased government regulation puts a country’s mining industry at a competitive disadvantage.
“That is really one-sided thinking. Across Africa there is a big discussion on mine nationalisation. And that is coming up because we don’t see good bills. It’s not a question of who is going to have the lowest figures, it’s a question of who’s going to deliver so that local communities can benefit.
For African governments now, since they’re getting a lot of pressure from civil society, whoever comes up with a good bill, is the one who’s going to win. Otherwise, you already have about five countries that are discussing mining nationalisation.”

RIP world music
Ian Birrell writes on the Guardian’s music blog that the term “world music” has become “outdated and increasingly offensive.”
“For a start, it implies cultural superiority. Artists from America and Europe tend not to get stuck in the world section, just those that don’t speak English or come from “exotic” parts of the world. They can be consigned safely to the world music ghetto, ignored by the mainstream and drooled over by those who approach music as an offshoot of anthropology.”

Latest Developments, March 21

In the latest news and analysis…

White Savior Industrial Complex
Novelist Teju Cole argues that Americans should focus on reducing the negative impacts of their own government’s actions abroad before trying to “help” by intervening in Africa.
“Let us begin our activism right here: with the money-driven villainy at the heart of American foreign policy. To do this would be to give up the illusion that the sentimental need to ‘make a difference’ trumps all other considerations. What innocent heroes don’t always understand is that they play a useful role for people who have much more cynical motives. The White Savior Industrial Complex is a valve for releasing the unbearable pressures that build in a system built on pillage. We can participate in the economic destruction of Haiti over long years, but when the earthquake strikes it feels good to send $10 each to the rescue fund. I have no opposition, in principle, to such donations (I frequently make them myself), but we must do such things only with awareness of what else is involved. If we are going to interfere in the lives of others, a little due diligence is a minimum requirement.”

Silicosis suit
Reuters reports that “the biggest class action suit Africa has ever seen” is looming for South Africa’s gold mining companies as thousands of former miners with damaged lungs join a fast-growing list of plaintiffs.
“A successful suit could collectively cost mining companies such as AngloGold Ashanti, Gold Fields, Harmony and global giant AngloAmerican billions of dollars, according to legal and industry experts. The largest settlement to date by the mining industry in South Africa was $100 million in 2003 in a case brought by [Richard] Spoor against an asbestos company.

It’s hard to estimate the potential size of a silicosis class action. South Africa is the source of 40 percent of all the gold ever mined. At its height in the 1980s the industry employed 500,000 men – two-thirds of them from Lesotho, Mozambique and the Eastern Cape – although production has fallen behind China and Australia and employment since halved. But silicosis can take years to show up and check-ups are at best haphazard. A 2005 study by the National Institute of Occupational Health in Johannesburg, based on autopsies of miners, suggested 52 in every 100 had the disease.”

World Bank options
Reuters also reports Nigerian Finance Minister Ngozi Okonjo-Iweala and former Colombian Finance Minister Jose Antonio Ocampo are set to become candidates for the World Bank presidency but the US “is still likely to ensure that another American will succeed” outgoing president Robert Zoellick.
“All of the World Bank’s 187 members nations have committed to a merit-based process to select Zoellick’s successor.
Emerging and developing economies have long talked up their desire to break U.S. and European dominance of the Bretton Woods Institutions, but have until now have failed to build a coalition large enough to change the status quo.”

Limiting patents
Intellectual Property Watch reports that the US Supreme Court has ruled against the right to patent “an invention that merely applies known technology to natural phenomena.”
“The ruling is likely to a major impact on the medical and biotech industry. Many methods of medical diagnoses and medical treatment are now unpatentable. And the ruling may kill patents on human genes – including Myriad Genetics Inc.’s controversial patent on two breast cancer genes. The Federal Circuit (America’s so-called “patent court”) recently upheld Myriad’s patent, but that ruling is now in trouble, according to many experts.”

Suspect behaviour
The Guardian reports the story of a former FBI informant who says the agency’s efforts to prevent terrorist plots too often consisted of entrapment.
“In the case of the Newburgh Four – where four men were convicted for a fake terror attack on Jewish targets in the Bronx – a confidential informant offered $250,000, a free holiday and a car to one suspect for help with the attack.

Such actions have led Muslim civil rights groups to wonder if their communities are being unfairly targeted in a spying game that is rigged against them. Monteilh says that is exactly what happens. ‘The way the FBI conducts their operations, It is all about entrapment … I know the game, I know the dynamics of it. It’s such a joke, a real joke. There is no real hunt. It’s fixed,’ he said.”

Better but…
Human Rights Watch reports that labour conditions for migrant workers are improving at an Abu Dhabi mega-construction project that includes new branches of New York University, the Louvre and the Guggenheim, but problems remain.
“In addition, Human Rights Watch found that contractors are regularly confiscating worker passports and substituting worker contracts with less favorable ones when the workers arrive in the UAE. While the developers and institutions on Saadiyat have pledged to end these practices, and the scale of the problems Human Rights Watch documented is not as bad as in 2009, the continuation of poor practices in a number of cases reflects ongoing gaps in protection. The parties that benefit from these ventures need to make an unequivocal pledge to reimburse workers found to have paid recruitment fees in contravention of existing policies. The educational and cultural institutions and local developers also need to investigate and effectively enforce penalty provisions against contractors who disregard policies meant to protect workers from abuse.”

Lowering rents
The Centre for Economic and Policy Research’s Dean Baker takes issue with the argument that the prospect of enormous profits is necessary to drive innovation.
“The question is not whether we are better off with Steve Jobs getting very rich and all the products that Apple developed, or having Steve Jobs be poor and not having these products; the question is whether it was necessary for Jobs to get quite so rich in order to get these products.

Suppose we paid for the research and development of prescription drugs upfront rather than by giving drug companies patent monopolies. As a result of these monopolies, drugs that would sell for $5 per prescription in a free market sell for hundreds or even thousands of dollars. The savings from this switch could potentially save us more than $200bn a year and provide us with better health care.”

Latest Developments, March 20

In the latest news and analysis…

Mining tax
The BBC reports that Australia’s senate has passed a controversial 30-percent tax on coal and iron mining companies.
“The Australian government originally announced a 40% mining tax in May 2010, but that set off intense opposition from the mining companies.
That opposition was central to the Labor party’s decision in June to replace Kevin Rudd as prime minister with Ms Gillard.
She then negotiated a 30% tax with the mining giants.”

Libyan airstrike victims
Amnesty International’s Sanjeev Bery writes that NATO “has not fulfilled its responsibility to the survivors” a year on from the start of its military intervention in Libya.
“But scores of Libyan civilians who did not directly participate in the conflict were killed as a result of the airstrikes, and many more were injured.  In the four months since the end of the military campaign, NATO has yet to contact survivors or share information resulting from its investigations.

NATO officials have a duty to ensure that a prompt, independent, impartial, and thorough investigation is conducted.  They also have a duty to investigate whether NATO participants in the conflict violated international humanitarian law in striking Mustafa [Naji al-Morabit]’s home.
Finally, all victims of violations of international humanitarian law — and their families – must receive reparations.  The air strikes campaign may be over, but for civilian victims, the suffering continues.”

Ultrasound legislation
In a guest post on the Whatever blog, an anonymous physician calls for “a little old-fashioned civil disobedience” in response to proposed legislation in several US states that would make transvaginal ultrasounds mandatory for women considering an abortion.
“I do not feel that it is reactionary or even inaccurate to describe an unwanted, non-indicated transvaginal ultrasound as ‘rape’. If I insert ANY object into ANY orifice without informed consent, it is rape. And coercion of any kind negates consent, informed or otherwise.

Our position is to recommend medically-indicated tests and treatments that have a favorable benefit-to-harm ratio… and it is up to the patient to decide what she will and will not allow. Period. Politicians do not have any role in this process. NO ONE has a role in this process but the patient and her physician. If anyone tries to get in the way of that, it is our duty to run interference.”

Namibian genocide
Pambazuka News and AfricAvenir International present a collection of articles disputing the current German government’s claim that the country bears “relatively light colonial baggage.”
“Germany, which has done commendable remembrance work about the Holocaust, seems to have forgotten or deliberately buried its violent colonial past. A past that hides the first genocide of the 20th century, planned and executed by the Second Reich or Kaiserreich. A past that laid not only the foundation for racist theories and pseudoscientific medical experiments on humans – in this case Africans supposed inferiority was to be proven – but also produced, with its concentration camps in Africa, the blueprint for the later Nazi death camps. The way in which Germany tries to silence this past seems to prove Dr Theo-Ben Gurirab right when he assumes that the reason for this genocide not being discussed and treated like the Holocaust is mainly due to the fact that it was aimed against black people: ‘Germany apologised for crimes against Israel, Russia or Poland, because they are dealing with whites. We are black and if there is therefore a problem in apologising, that is racist.’ ”

Misguided assistance
In a New York Times op-ed, Ugandan journalist Angelo Izama opposes “increased military action” in Uganda and its wider region as advocated in the viral video Kony 2012.
“The locals never forgot that Mr. Kony’s nine lives were licensed by the politics of the posse that has been hunting for him. Some northern politicians accused the Ugandan government of criminal negligence or settling old political scores. Others, outraged by the conditions the government had subjected them to, sympathized with Mr. Kony. Most were simply tired of war and supported peace talks to end the conflict. If America backed an ambitious regional political solution instead of a military one, it is quite possible that the L.R.A. and other militant groups would cease to exist. But without such a bargain, the violence won’t end.
Killing Mr. Kony may remove him from the battlefield but it will not cure the conditions that have allowed him to thrive for so long.”

Undermining justice
Daraja’s Ben Taylor argues a settlement payment made by UK defence company BAE Systems to Tanzania without any admission of guilt may do more harm than good.
“There is no satisfactory conclusion for the people of Tanzania, where the investigation’s premature closure undermines the cause of justice and accountability. As Tanzanian media tycoon Reginald Mengi tweeted (in Swahili): ‘The radar money has been paid. Nobody has been prosecuted. They say there’s no evidence. Is the war on corruption just words?’ ”

Sharing racism’s burden
The City University of New York’s Gloria Browne-Marshall argues for the continued necessity of affirmative action ahead of a big test before the US Supreme Court later this year.
“America, like other nations, has a flaw in its societal fabric. In other countries, it may be religion, class, caste, color – here it is race. It is an American plight.
Ending affirmative action after only thirty years ignores the vestiges of the last 300 years. As Justice Sandra Day O’Connor explained in Adarand v. Pena, the ‘unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this country is an unfortunate reality, and government is not disqualified from acting in response to it.’ ”

Human rights chain responsibility
University of West England doctoral student David Kisiaky makes the case for a “contractual requirement on every relevant person and business in a supply chain to promote the respect and protection of human rights” as an alternative to the unbridled pursuit of profits.
“Several individuals and organisations including the UN now believe that one of the ways of rectifying such disparities [between the world’s rich and poor] is to require all businesses to adopt a moral legal culture which will ensure that human rights are respected ‘across their entire business operation, including their supply chains.’

There comes a time when our social order requires the formulation of new normativities. But above all, the implementation of new moral norms requires the authoritative force of positive law for the norms to have any meaningful and wide-reaching practical benefit to humanity.”