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Latest Developments, December 19

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Creative corrupter
The New York Times has published an extensive report on retail giant Wal-Mart’s corrupting influence in Mexico, based on evidence from “tens of thousands of documents” and interviews with government officials and company employees:

“The Times’s examination reveals that Wal-Mart de Mexico was not the reluctant victim of a corrupt culture that insisted on bribes as the cost of doing business. Nor did it pay bribes merely to speed up routine approvals. Rather, Wal-Mart de Mexico was an aggressive and creative corrupter, offering large payoffs to get what the law otherwise prohibited. It used bribes to subvert democratic governance — public votes, open debates, transparent procedures. It used bribes to circumvent regulatory safeguards that protect Mexican citizens from unsafe construction. It used bribes to outflank rivals.
…
Over and over, for example, the dates of bribe payments coincided with dates when critical permits were issued. Again and again, the strictly forbidden became miraculously attainable.”

First acquittal
Reuters reports that the International Criminal Court has handed down its second-ever decision, acquitting Congolese militia leader Mathieu Ngudjolo Chui:

“The court’s first verdict found [Thomas] Lubanga guilty of recruiting child soldiers to another militia in the same conflict in Ituri. Some observers said the different outcomes of the trials for militia leaders from different tribes could cause new friction.
‘Lubanga was a Hema leader, and the acquittal of a Ngudjolo, a Lendu, just after the conviction of a Hema could exacerbate tension between the two ethnicities in Ituri,’ said Jennifer Easterday of the Open Society Justice Initiative.”

Calling it off
Association Sherpa has ended its partnership with French nuclear giant Areva, calling the company’s health measures in Niger and Gabon “public relations exercises”:

“The arrival of Luc Oursel at the head of Areva coincided with a change in the culture of the company in terms of sustainable development and as a result, led to a questioning of its capacity to respect the letter and spirit of the 2009 agreements:

  • While the 2009 accords led to the much-needed medical monitoring of over 700 African workers, it is incomprehensible and unacceptable that the compensation process, which benefited the families of two French expatriates (a patently insufficient number), offered nothing to any Nigerien or Gabonese workers even though the medical condition of more than 100 of them was examined;
  • The decontamination of [Gabon’s] Mounana site, where production stopped in 1999, promised by [former CEO] Anne Lauvergnon, has stalled. It was carried out only partially and unsatisfactorily, with the result that local populations are still exposed to radiation risks;” [Translated from the French]

Aid hypocrisy
The Guardian reports on the UK’s Department for International Development’s “breathtaking arrogance” for demanding transparency from recipient governments while refusing to make public a report on its own expenditures:

“The department said releasing the report could “undermine DfID’s commercial interests and lead to DfID incurring greater expense which would consequently undermine our ability to fulfil our role and to achieve value for money in the use of public funds”.
Disclosure could also reveal personal data about individuals, make other governments and international organisations less willing to share information with Britain, and ‘severely prejudice the policy development process’ within government by inhibiting open discussion, it said.”

Good intentions
The Financial Times reports that American legislation aimed at ending the role of minerals in fuelling DR Congo’s conflict is making matters worse so far:

“ ‘We’re getting the opposite of what they wanted. And we still have conflict,’ says Emmanuel Ndimubanzi, head of North Kivu provisional government’s mining division, who says tens of thousands of jobs across the sector have been lost. A proposal in the act to spend $25m to help out-of-work find jobs and fund mineral tracing schemes was dropped.
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The landmark US [Dodd-Frank] act has created the first compulsory framework to disclose the provenance of potential conflict minerals across the industry. But beset by delays, loopholes and vague guidance, it has complicated and impeded initiatives by industry, regional governments and international donors, as well as the UN and OECD. These include tagging schemes, chains of documentation and a mineralogical ‘fingerprinting’ pilot scheme already under way.”

Nuclear stagnation
Inter Press Service reports that the Federation of American Scientists has warned that the US and Russia are reducing their nuclear arsenals at a slowing rate:

“ ‘Both the United States and Russia appear to be more cautious about reducing further, placing more emphasis on “hedging” and reconstitution of reduced nuclear forces, and both are investing enormous sums of money in modernising their nuclear forces over the next decade,’ [FAS Nuclear Information Project director Hans M. Kristensen said.]
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Given the new data, the implication is that either a new set of arms-reduction treaties will need to be agreed in coming years, or each country will need to embark on new unilateral programmes of reduction. If neither of those takes place, ‘large nuclear forces could be retained far into the future.’ ”

Tarnished reputation
The Montreal Gazette reports on calls from both inside and outside Canada for Ottawa to hold the country’s mining companies to account for their behaviour abroad:

“But as mining investment has exploded over the last decade, so too have conflicts involving Canadian mines, from the Pueblo Viejo mine in the Dominican Republic, where 25 people were injured in clashes with police in September, to the Pierina mine in Peru, where one person was killed that same month. (Both are mines owned by Barrick Gold, but protests are not restricted to Barrick mines.)
All the while the Canadian government’s role in defending, even promoting, mining companies’ interests has solidified.”

Global ambulance chasers
CorpWatch reports on a growing and lucrative branch of law that involves suing governments on behalf of corporations:

“Legal experts have denounced this trend. ‘Investment treaty arbitration … imposes exceptionally powerful legal and economic constraints on governments and, by extension, on democratic choice, in order to protect from regulation the assets of multinational firms,’ writes Professor Gus van Harten of the Osgoode Hall Law School in Toronto.
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There are five major arbitration tribunals that take on these cases – the World Bank’s International Center for Settlement of Investment Disputes (ICSID) in Washington DC, the Permanent Court of Arbitration (PCA) in the Hague, the Court of International Arbitration (LCIA) in London, the International Chamber of Commerce (ICC) in Paris and the Chamber of Commerce in Stockholm (SCC).
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The number of such lawsuits registered at the ICSID has skyrocketed. In 1996, just 38 cases were under arbitration but by 2011, this had risen almost 12 fold to 450.”

Latest Developments, December 6

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Historical responsibility
The Associated Press reports that UN Secretary General Ban Ki-moon has placed the onus for tackling climate change on wealthy nations:

“Ban’s comments echoed the concerns of China and other developing countries, which say rich nations have a historical responsibility for global warming because their factories released carbon emissions into the atmosphere long before the climate effects were known.
‘The climate change phenomenon has been caused by the industrialisation of the developed world,’ Ban said. ‘It’s only fair and reasonable that the developed world should bear most of the responsibility.’ ”

Resource alienation
The Daily Nation reports that Canadian firm Bedford Biofuels’ planned jatropha plantation on 120,000 hectares of Kenyan land “has raised questions about land ownership for the first time between neighbours”:

“ ‘When waters ebb, farmers plant rice. The Pokomo have planted rice for centuries. During the floods, pastoralists drive out herds… that’s the traditional way of using the land, keeps the ecosystem functioning,’ explains Ms Serah Munguti, communications and advocacy manager at Nature Kenya.
But environmentalists like Ms Munguti say the arrival of foreign companies like Bedford Biofuels, who come to the delta armed with ambitious plans for large-scale, intensive farming, might disrupt the system.
That, according to Ms Munguti, promises to heighten tribal tensions.
‘The conflict comes because everybody wants the water. The Tana Delta as it is today is a recipe for disaster,’ argues Munguti. ‘There is already conflict over limited resources. Then you look at all the projects that have been proposed and you can imagine what we are setting ourselves up for.’ ”

Middlemen
The New York Times reports that the US gave the green light for Gulf states to supply arms to Libyan rebels during last year’s civil war, but as a similar scenario plays out in Syria, America is worried that weapons are going to “some of the wrong militants”:

“The administration has never determined where all of the weapons, paid for by Qatar and the United Arab Emirates, went inside Libya, officials said. Qatar is believed to have shipped by air and sea small arms, including machine guns, automatic rifles, and ammunition, for which it has demanded reimbursement from Libya’s new government. Some of the arms since have been moved from Libya to militants with ties to Al Qaeda in Mali, where radical jihadi factions have imposed Shariah law in the northern part of the country, the former Defense Department official said. Others have gone to Syria, according to several American and foreign officials and arms traders.”

Betting the farm
A new report by the Oakland Institute asks if “you know what your pension fund is doing in Africa”:

“In recent years, the private financial sector has already invested between $10 to $25 billion in farmland and agriculture with little to no oversight; given current investment trends, this amount might double or triple in the coming years. Although agricultural funds are portrayed as positive social investment to help alleviate hunger and the effects of climate change, evidence demonstrates that large land deals are often detrimental to food security, local livelihoods, and the environment–yet little is known about the specific firms and funds driving this investment.”

Camp Integrity
Wired reports that following a $22.3 million no-bid deal, US special forces in Afghanistan are now based at a facility owned by America’s “most infamous private security company”:

You might think that Blackwater, now called Academi, was banished into some bureaucratic exile after its operatives in Afghanistan stole guns from U.S. weapons depots and killed Afghan civilians. Wrong. Academi’s private 10-acre compound outside Kabul, called Camp Integrity, is the new headquarters for perhaps the most important special operations unit in Afghanistan.
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But the commandos won’t be the only U.S. military tenants at Camp Integrity. A Pentagon agency called the Counter-Narcoterrorism Program Office also uses Camp Integrity as a base of operations to aid in its war on Afghanistan’s drug lords. Academi provides the office’s small Kabul cell with, among other things, ‘a secure armory and weapons maintenance service.’ ”

Duty to protect
Debbie Stothard of the International Federation for Human rights (FIDH) argues that since the UN adopted the Guiding Principles on Business and Human Rights, “access to justice for those affected has not improved”:

“Company-based grievance mechanisms may be useful for preventing harm and facilitating resolution of minor problems, however, they can in no way replace State-based mechanisms in cases involving egregious violations.
Of course, the best solution for a victim is to have access to an independent court where he/she lives. However, too often, the judicial system where the harm occurs is weak or unable to provide for an effective remedy. This is why we also need to remind home states of multinational companies of their duty to protect and insist that they provide effective avenues to remedy in cases where host states lack the capacity or will to do so.
The UN Working group could explore and recommend how home States, as part of their duty to protect, could facilitate access to justice for victims of human rights abuses in third countries involving corporations under their jurisdiction.”

Major shift
Inter Press Service reports on the IMF’s change of heart regarding government measures to control cross-border financial flows, though critics say more changes are needed:

“ ‘Arguably more important is to ask if the IMF will similarly relent on its manic obsession with keeping inflation extremely low in developing countries,’ [Delhi-based development consultant Rick Rowden] says.
‘Is the IMF now also suddenly in favour of trade protection and subsidy support for building domestic industries? Are they suggesting developing countries actually should ‘discriminate’ and against foreign investors and tilting the playing field in favour of building up domestic firms? I think not.’
He continues: ‘While the IMF’s about-face on capital controls is promising, the oft-cited pronouncements of the death of the Washington Consensus are quite premature.’ ”

Treaty violation
Radio France Internationale reports that Chadian President Idriss Déby, on an official visit to Paris, sought to set the record straight concerning a French NGO accused of attempting to smuggle children out of his country:

“I never, repeat never, pardoned members of Zoe’s Ark. Let there be no doubt. We have a treaty with France. They were convicted, and I respected the treaty. The kidnappers were freed without our consent. It’s a violation of the treaty. I’ve never said it before but today I’m saying it: It’s a violation of the treaty. In principle, the kidnappers should not only serve time in France but must also pay €6 million in compensation.” [Translated from the French.]

Latest Developments, December 5

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Perception confirmation
The widely reported release of Transparency International’s Corruption Perceptions Index was met by an extended “grumble” on Twitter by Save the Children’s Alex Cobham:

“Dear twitter, remember that an index based on *perceptions* of corruption will score worst those places most often reported as corrupt…
…regardless of any *actual* corruption. So a priori you might expect Greece to be worst in EU; Somalia worst in world etc. But…
… remember that it is just perception confirmation – with no element of objective factual support. Corruption continues to be #uncounted.
In addition, if you share view that providing financial secrecy can be corrupt and corrupting, good scores of eg Switzerland should raise qs
The other side of corruption can be seen in the Financial Secrecy Index
[Grumble over.]”

Right to opacity
The Wall Street Journal reports that the US oil industry is proceeding with a lawsuit aimed at blocking the required disclosure of payments made to foreign governments:

“In court papers filed Monday, the American Petroleum Institute, joined by the U.S. Chamber of Commerce and two other trade groups, called the rule, promulgated by the Securities and Exchange Provision under Section 1504 of the Dodd-Frank Act and narrowly approved, ‘one of the most expensive’ in the history of the Commission.
Mandating disclosure is a violation of the First Amendment, the filing added. ‘The rule – and the statutory provision that authorized it – violate the First Amendment by compelling speech on a controversial matter in order to influence political affairs,’ it said.”

Performance anxiety
Germanwatch has released the 2013 edition of its Climate Change Performance Index, ranking the efforts of the world’s 58 highest emitters to protect the climate:

“In 2010, the most recent data period for this year‘s CCPI, the world saw another record breaking increase in global CO2 emissions. Not only have global emissions risen to another all time high, but this increase has also been the steepest emissions surge in history.
Not only are emissions rising at the global level. As well at the national level is little good news to tell. Not one of the examined countries has managed to change to a development path that is compatible with limiting global warming substantially below 2°C. No country‘s effort is deemed sufficient to prevent dangerous climate change. Therefore, as in the years before, we still cannot award any country with 1st, 2nd or 3rd place.”

Only the brave
The East and Horn of Africa Human Rights Defenders Project has released a report on the dangers faced by those opposing or monitoring the extractive industries in Uganda and Tanzania:

“There is a long history of antagonism, including cases of violence, between the mining industry and Tanzanian citizens, especially in the North Mara region of the country. It was here that in May 2011 between 4 and 7 Tanzanians (reported figures vary) were shot and killed and many others wounded by private mine security officers in an incident at the North Mara mine owned and operated by African Barrick Gold (AGB), a subsidiary of Canadian mining giant, Barrick Gold Corp.”

Just business
In a speech delivered to a UN forum in Geneva, Harvard University’s John Ruggie explained what he sees as the greatest need for holding to account businesses that commit human rights abuses abroad:

“National courts appear not to share a consistent understanding regarding the applicability to companies of international standards prohibiting gross human rights abuses, potentially amounting to international crimes. These may arise in areas where the human rights regime cannot be expected to function as intended, such as conflict zones or similar sources of heightened risk, and typically the allegations involve corporate complicity in acts committed by related parties. In those situations, plaintiffs may turn to home country courts. But even as the number of such cases has increased, courts have issued conflicting interpretations of what precisely the international standards stipulate. Greater legal clarity is needed for victims and companies alike. Only an intergovernmental process can provide that clarity.
The international community has determined, and everyone present in this room would agree, that sovereignty can no longer serve as a shield behind which governments are allowed to commit or be complicit in the worst human rights violations. Surely the same must be true of the corporate form. So let that be affirmed authoritatively, and remove all doubt.”

Very mercenary
Oxfam’s Gawain Kripke writes that the founder of private military company Blackwater, “which has been renamed several times, trying to escape the stench of scandal and atrocity,” has turned himself into an investment advisor:

“From a comfortable perch in Abu Dhabi (no extradition treaty with the US), [Erik] Prince now raises funds and advises clients on the wonderful investment opportunities in Africa. He claims he’s raised $100 million and is shooting (err) for $400 million more. His new company, Frontier Resource Group (motto: fortuna audaces iuvat or fortune favors the bold) offers support for investors mixed with ‘security and logistical capacity’.
Ever the bottom dweller, Prince has focused his efforts on some of the more problematic investments (natural resources extraction), and problematic countries; DRC, Guinea, and South Sudan. Which should be appealing to problematic investors (based in Hong Kong).”

Cold War continues
Columbia University’s Howard French argues Susan Rice, a frontrunner to become the next US secretary of state, has been instrumental in perpetuating an outdated American approach to Africa:

“On a broader level, the old paradigm of Cold War policy, with its momentous ideological competition, has been repurposed to work for something far more inchoate and hollow: the War on Terror. Accordingly, the United States has persisted in its embrace of leaders who align with Washington on that basis in places like Sudan and Somalia, mirroring the style of cherry-picking allies during the struggle against communism.”

Big food
National Public Radio asks if the food and beverage industry is the new tobacco:

“[The Yale Rudd Center for Food Policy and Obesity’s Kelly Brownell] pointed to cases in which the industry set up front groups to fight a soda tax in California and fought national guidelines that would restrict the marketing of unhealthy food to children.
The food industry can do some good things, Brownell admitted, when it comes to fighting hunger or promoting sustainable agricultural practices. But ‘obesity is a different kettle of fish’ because solving it conflicts directly with the industry’s most basic imperative: To sell more food. All of the industry’s much-celebrated ‘healthy eating’ campaigns and partnerships with public health initiatives, Brownell says, amount to ‘baby steps’ that simply obscure this basic fact.”

Latest Developments, September 26

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Alternatives to development
Inter Press Service reports on last week’s third international degrowth conference in Venice:

“Renouncing economic growth in the North, say the proponents, would not only allow humanity to stay within the ecological limits of the planet but also contribute to restoring global social justice.
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‘But what degrowth proponents (who reject economic growth) must be aware of,’ [Colombian anthropologist Arturo] Escobar told IPS, ‘is that development is much more than growth. So it might be that the global South needs some growth, in areas such as health, education, employment, decent standards of living, if this is subordinated to the principle of buen vivir and not under the currently predominant vision of development.
‘At the same time, the growth vision cannot be rejected for the North and considered acceptable for the South; the South does not need development, it does not even need sustainable development, it needs alternatives to development.’ ”

Double-tap strikes
The Independent reports on new research that suggests CIA drone tactics in Pakistan are relying increasingly on repeated, staggered attacks that are “killing an even greater number of civilians”:

“As the drone circled it let off the first of its Hellfire missiles, slamming into a small house and reducing it to rubble. When residents rushed to the scene of the attack to see if they could help they were struck again.
According to reports at the time, three local rescuers were killed by a second missile whilst a further strike killed another three people five minutes later. In all, somewhere between 17 and 24 people are thought to have been killed in the attack.”

Production chain problems
Reuters reports that controversial Apple supplier Foxconn had to close one of its Chinese plants for 24 hours following an outbreak of violence that highlighted “regimented dormitory life and thuggish security as major sources of labour tension”:

“[The violence] marked a blow to Apple’s top supplier as it ramps up production to meet orders for the iPhone 5 and seeks to rehabilitate its image after a labour audit this year found flaws.
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Some labour groups say ultimate responsibility for strains rests with Apple, which they say puts profit above workers’ welfare despite pledges to cut overtime hours and improve workers’ livelihoods.
‘The whole Apple production chain has problems,’ said Li Qiang, with the New York-based China Labor Watch, that has scrutinized Apple and Foxconn for years.
‘Its sales and marketing strategy involves launching a product suddenly, without maintaining much inventory … so the subsequent product shortages help build demand, but also place extreme pressures on workers.’ ”

Global warming case
The Connecticut Law Tribune reports that a US court has ruled against residents of an Alaskan village seeking damages from major oil companies for allegedly changing the environment through pollution:

“The village, with a population of 400, is composed of 97 percent Inupiat Native Alaskans. The plaintiffs alleged that greenhouse gas emissions caused by the companies’ products had eroded sea ice that hugs the village’s coastline and protects it from powerful winter storms. The plaintiffs claimed that the entire village needed to move, at a cost of up to $400 million, to survive.
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Other defendants in the case [besides ExxonMobil, BP America and Chevron] included ConocoPhillips, Royal Dutch Shell, the AES Corp., Duke Energy Corp., and Edison International”

Self-investigating
Wayne State University’s Peter Henning writes that in the US, “much of the effort to police corporate misconduct seems to have been shifted to lawyers retained by the companies under investigation”:

“Companies would prefer not to conduct an investigation at all. But having a law firm they hired overseeing the inquiry means they can maintain control over information, and minimize any surprises.
…
When lawyers report their conclusions, are they free from bias about the company that is also paying their bills?”

Gorillas over profits
Reuters reports that the UK government has expressed its opposition to a British company exploring for oil in the Democratic Republic of Congo’s Virunga National Park:

“ ‘We have informed Soco and urge the government of DR Congo to fully respect the international conventions to which it is signatory,’ a foreign office spokesperson said in a statement seen by Reuters.
‘Foreign investments in sectors such as hydrocarbons … can play a vital role in boosting development of the DRC … Such investment needs to be done responsibly and sustainably, in compliance with local law and conforming to international standards,’ the statement said.”

Disarmament disarmed
Former Australian foreign minister Gareth Evans describes the latest news regarding the global nuclear disarmament process as “bleak”:

“There are those who will say that it is naïve to want a world free of nuclear weapons, much less to think that it can be achieved. But it is not naïve to be concerned about the most indiscriminately inhumane weapons of destruction ever invented – 23,000 of which still exist – with a combined destructive capability of 150,000 Hiroshima bombs. And it is not naïve to believe that non-proliferation and disarmament are inextricably connected: that so long as any state retains nuclear weapons, others will want them.
The genuinely naïve – or ignorant – position is to believe that statesmanship and foolproof controls, rather than sheer dumb luck, have enabled the world to go almost seven decades without a nuclear-weapons catastrophe. It is not naïve to believe that nuclear deterrence is both fragile operationally, and of thoroughly dubious utility in sustaining the peace. Nor is it naïve to believe that even if nuclear weapons cannot be un-invented, they can ultimately be outlawed.”

Measuring poverty
The UN News Centre reports that the President of the Dominican Republic, Danilo Medina Sanchez, has criticized the continued use of  “ ‘one-dimensional measurements’ centred on monetary income” for assessing a country’s development:

“He noted that the ‘optimism’ of international poverty measures does not seem to agree with the perception of many people around the world, who feel that the growth in gross domestic product has done nothing to lessen their sense of despair, nor, in particular, discontent among youth, who are not finding decent jobs.”

Latest Developments, August 16

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Embassy threatened
The New York Times reports that an Ecuadorean government official has said that Ecuador would be prepared to let Wikileaks founder Julian Assange stay at its London embassy “indefinitely under a type of humanitarian protection”:

“Earlier Wednesday, Ecuador’s foreign minister, Ricardo Patiño, said that the British authorities had threatened to barge into the country’s embassy in London if officials did not hand over Mr. Assange. ‘Today we have received from the United Kingdom an explicit threat in writing that they could assault our embassy in London if Ecuador does not hand over Julian Assange,’ Mr. Patiño said at a news conference in Quito, adding defiantly, ‘We are not a British colony.’
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Under diplomatic protocol, Mr. Assange was thought to be off limits while in the embassy. But the BBC reported Wednesday that British officials had raised the notion of revoking the diplomatic immunity of the Ecuadorean Embassy, allowing British officials to enter.”

Consultation required
Al Jazeera reports that a Brazilian judge has suspended construction of a controversial hydroelectric megaproject that is expected to flood 500 sq km of Amazon rainforest: 

“In a statement released on Tuesday, Judge Souza Prudente said that work could only resume on the $11bn, 11,000MW Belo Monte Dam after the indigenous communities living in the area were consulted.
The dam has been condemned by environmentalists and rights activists, who say that it would devastate wildlife and the livelihoods of 40,000 people who live in the area that would be flooded.”

Plain packaging
Bloomberg reports that the backing of Australia’s highest court for a ban on trademarked labeling of cigarette packs has public health experts hoping for a “domino effect” around the world:

“The High Court of Australia today dismissed claims by Japan Tobacco Inc. (2914), British American Tobacco Plc (BATS), Philip Morris International Inc. (PM) and Imperial Tobacco Group Plc that the government illegally seized their intellectual property by barring the display of trademarks on packs. The judges gave no reasons for the decision and said these will be published later.
The ruling is a victory for a government faced with A$31.5 billion ($33 billion) in annual health costs from smoking, a habit it estimates killed 900,000 Australians over six decades. New Zealand and the U.K. are among countries whose governments have indicated interest in implementing similar legislation, which takes effect in Australia Dec. 1.”

Four-star tastes
The Associated Press reports that former US Africa Command head William “Kip” Ward is being investigated “for allegedly spending hundreds of thousands of dollars improperly”:

“The defense officials said Ward is facing numerous allegations that he spent several hundred thousand dollars allowing unauthorized people, including family members, to fly on government planes, and spent excessive amounts of money on hotel rooms, transportation and other expenses when he traveled as head of Africa Command.
A four-star general is the highest rank in the Army.”

Exxon spill
Reuters reports that ExxonMobil is “investigating” an oil spill off Nigeria’s coast that has shut down the local fishing industry:

“Sam Ayadi, a fisherman in Ibeno, said by telephone that no one had been able to go fishing since the spill was first noticed on Sunday.
‘The fishermen are still off the waters due to the spill. We cannot return yet. We are waiting for Mobil to open to discussions with us about what happened,’ he said.
Oil spills are common in Africa’s top energy producer. Stretches of the Niger Delta, a fragile wetlands environment, are coated in crude. Thousands of barrels are spilled every year, and lax enforcement means there are few penalties.”

Aid’s colonial roots
Aid on the Edge of Chaos’s Ben Ramalingam presents a collection of thoughts on the “implications of complexity science for development aid” by Nobel prize-winning economist Elinor Ostrom who passed away in June:

“The lack of long timeframes and a lack of supporting cultures means that aid agencies don’t help people learn how to think about and change the structure of the situations they are facing. In many situations, this is because of colonial roots of aid, which did not respect local institutions – they didn’t understand them so they were treated as non-existent.
The difference between this approach and that of Darwin is stark – the care and diligence that was given to studying animal species in the 19th century is so evident, and it from this that we have evolutionary theory. But these countries also had people, but there was no attempt to understand their knowledge systems, the rules they had developed to manage various kinds of socio-ecological systems… Colonial powers assumed we have the answers, and destroyed social capital. Aid agencies, unfortunately, do much the same thing.”

Haiti’s gold rush
Jacob Kushner writes in Guernica Magazine about “behind closed doors” negotiations between Haitian politicians and foreign mining companies over access to the country’s underground wealth:

“Since 2009, Haiti’s government ministers have been considering a new convention. This would allow Eurasian, Newmont’s business partner, to explore an additional 1300 square kilometers of land in Haiti’s north. But according to Dieuseul Anglade, Haiti’s mining chief of two decades, unlike previous agreements, this one doesn’t include a limit—standard among mining contracts worldwide—on how much of a mine’s revenue the company can write off as costs. Without any cap, a mining company can claim that a mine has an unusually low profit margin, allowing it to pay fewer taxes to the Haitian state; Anglade opposed these terms, and was fired in May.”

Corporate inconvenience
Harvard Law School student Maia Levenson has little sympathy for oil giant Shell’s argument, ahead of its US Supreme Court showdown with Nigerian plaintiffs, that corporate liability for foreign conduct could have “an adverse effect on a company’s stock price and debt rating”:

“Sure, major corporations may find it inconvenient to defend against allegations that they were complicit in crimes against humanity. But that is not a reason to find that they are immune. Major corporations, and the United States itself, are frequently the subject of lawsuits that may have adverse commercial implications—and we don’t deny plaintiffs the opportunity for redress because of the potential or actual costs. If we don’t deny victims a forum for even ordinary claims, why would we do so when the crimes at issue are the very worst kinds imaginable?”