Latest Developments, July 18

In the latest news and analysis…

Democratic hiatus
The International Business Times picks up on a German media report that former US President Jimmy Carter said “America does not at the moment have a functioning democracy”:

“The 39th U.S. president also said he was pessimistic about the current state of global affairs, wrote Der Spiegel, because there was ‘no reason for him to be optimistic at this time.’

Carter said a bright spot was ‘the triumph of modern technology,’ which enabled the democratic uprisings of the Arab Spring; however, the NSA spying scandal, Carter said, according to Der Spiegel, endangers precisely those developments, ‘as major U.S. Internet platforms such as Google or Facebook lose credibility worldwide.’ ”

Bounty hunters
Jeune Afrique reports that France is not happy to see “20 or so” retired members of its special forces arriving in the Central African Republic:

“Commanded by Jérôme Gomboc, a former member of the French Navy’s 3rd airborne regiment, these ‘bounty hunters’ – as they are being called in Paris – are providing, among other things, round-the-clock protection for Michel Djotodia, the country’s new strongman, at Roux Camp. Over the last few days, the French embassy in Bangui has tried to convince him to send them away. It is also looking for a legal flaw in the contract with these very special retirees of the French military. But they work for a company, Roussel G-Sécurité, registered in the American state of Delaware. ‘We have no way of pressuring them,’ says Paris.” [Translated from the French.]

Euro tax haven
Reuters reports that the Dutch government is reviewing its “double taxation treaties” to see if they are unfair to poor countries:

“The Netherlands has more than 90 double taxation agreements. Several thousand international corporations, including 80 of the world’s largest, use the Netherlands to re-route profits from dividends, royalties and interest, often paying no withholding tax in the country of origin.

A June study by the Centre for Research on Multinational Corporations found that use of the Dutch tax system by multinational corporations causes 771 million euros ($1.01 billion) in annual lost tax revenue in 28 developing countries.”

Droned descendents
Nasser al-Awlaki, the father/grandfather of two American citizens killed in separate US drone strikes in Yemen, argues “a country that believes it does not even need to answer for killing its own is not the America I once knew”:

“In 2010, the Obama administration put Abdulrahman’s father, my son Anwar, on C.I.A. and Pentagon ‘kill lists’ of suspected terrorists targeted for death. A drone took his life on Sept. 30, 2011.
The government repeatedly made accusations of terrorism against Anwar — who was also an American citizen — but never charged him with a crime. No court ever reviewed the government’s claims nor was any evidence of criminal wrongdoing ever presented to a court. He did not deserve to be deprived of his constitutional rights as an American citizen and killed.

After the deaths of Abdulrahman and Anwar, I filed another lawsuit, seeking answers and accountability. The government has argued once again that its targeted killing program is beyond the reach of the courts. I find it hard to believe that this can be legal in a constitutional democracy based on a system of checks and balances.
The government has killed a 16-year-old American boy. Shouldn’t it at least have to explain why?”

RIP 1504
The American Lawyer’s Michael Goldhaber takes issue with a recent US court ruling that does away with a law requiring extractive industry companies to divulge payments to foreign governments:

“In accepting the arguments of the American Petroleum Institute and tossing the ‘Publish What You Pay’ rule, the district court for the District of Columbia was wrong on the law and wrong on the policy

The one certain consequence of section 1504’s vacatur is that the E.U.—whose directive cannot be challenged until after it is implemented by member nations—will become the policy leader in revenue transparency. The SEC should gather its nerve to re-propose its own rule, the D.C. courts should show more respect for Congress, and all players should welcome a thoughtful debate on costs and benefits.
‘The global transparency train has left the station,’ says Ian Gary of Oxfam America. The U.S. got on the train first, and the E.U. followed. Now, in a reversal of the historical pattern, the U.S. threatens to get off. It should reconsider.”

Victims’ justice
In a Warscapes Q&A, Columbia University’s Mahmood Mamdani argues that the prevailing narrative in the “human rights movement” may be an impediment to peace:

“I do not agree with the point of view that the way forward is victims’ justice. I do have a notion that the real problem, at least in the situations that I know of in the African context, is an ongoing cycle of violence. Victims and perpetrators have tended to trade places over time. Yesterday’s victims become today’s perpetrators. And ‘victims’ justice’ will simply produce another round of violence. How do you bring it to an end? That is really my question. So my answer is that we have to look beyond victims and perpetrators to the issues. What are the issues? What drives the violence? Not just in terms of criminals and criminal justice, but in terms of political justice

If the objective is to bring the cycle of violence to a conclusion, then of course one has to look beyond the victim – and, instead, to look to the victim and the perpetrator, the context, and the issues.”

Beyond aid
The Center for Global Development’s Charles Kenney and Sarah Dykstra argue “ambitious goals and a weak global partnership is not a recipe for post-2015 success”:

“But the limited (if important) impact of aid also suggests that, with a set of goals that look to be even more ambitious than the original MDGs, we should be thinking about a much wider range of policy levers in rich countries to speed development progress in poor countries. The new MDG 8, or post-2015 Goal 12, needs stronger, better language not just on aid flows, but on trade, finance, tax, illicit flows, migration, intellectual property rights, research into global public goods, commitments to the global commons and global institutions … the list is long.”

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Latest Developments, February 15

In the latest news and analysis…

Onshore havens
The Economist points out that many tax havens are not actually offshore and argues that efforts to rein in financial abuses must “focus on rich-world financial centres as well as Caribbean islands”:

“Mr Obama likes to cite Ugland House, a building in the Cayman Islands that is officially home to 18,000 companies, as the epitome of a rigged system. But Ugland House is not a patch on Delaware (population 917,092), which is home to 945,000 companies, many of which are dodgy shells. Miami is a massive offshore banking centre, offering depositors from emerging markets the sort of protection from prying eyes that their home countries can no longer get away with. The City of London, which pioneered offshore currency trading in the 1950s, still specialises in helping non-residents get around the rules. British shell companies and limited-liability partnerships regularly crop up in criminal cases. London is no better than the Cayman Islands when it comes to controls against money laundering. Other European Union countries are global hubs for a different sort of tax avoidance: companies divert profits to brass-plate subsidiaries in low-tax Luxembourg, Ireland and the Netherlands.”

Mining transparency
Reuters reports that the Guinean government has made its mining contracts public, dating back to independence, as it tries to reinvent the country’s extractive sector:

“The government is also overhauling the country’s mining code and has set up a technical committee to review existing accords, all of which are now published online on a new government website.
Guinean officials have said many of the contracts were signed under non-transparent conditions especially during the rule of a military junta before Conde’s 2010 election. The government says such accords do not benefit the country.

‘Guinea’s action is a model for other countries and demonstrates that making contracts public is possible even in challenging environments,’ Patrick Heller, senior legal adviser at Revenue Watch said in the statement.”

Assassination court
A New York Times editorial lends its weight to the idea of setting up a US court that would determine if terror suspects belong on kill lists as a way of moving toward “bringing national security policy back under the rule of law”:

“ ‘Having the executive being the prosecutor, the judge, the jury and the executioner, all in one, is very contrary to the traditions and the laws of this country,’ Senator Angus King Jr. of Maine said at the [CIA boss nominee John] Brennan hearing. ‘If you’re planning a strike over a matter of days, weeks or months, there is an opportunity to at least go to some outside-of-the-executive-branch body, like the [Foreign Intelligence Surveillance Court], in a confidential and top-secret way, make the case that this American citizen is an enemy combatant.’ ”

Mining freeze
According to Colombia Reports, a Colombian judge ordered the suspension of all mining activities in an area of nearly 50,000 hectares due to the companies’ lack of prior consultation with local indigenous populations:

“ ‘[This decision] only seeks to prevent the continued violation of the rights of indigenous peoples on their territory [arising from] disproportionate use by people outside the community, and the violence that has been occurring in the area, of which there is much evidence,’ said the judge.

While indigenous communities have a constitutional right to be consulted on the use of their land, the judge did not declare the mining concessions illegal but ordered the suspension to protect indigenous communities while the legality of the titles is determined. Some of the licenses held by the mining companies for the area reportedly do not expire until 2038 and 2041.”

Airport immolation
Agence France-Presse reports that an Ivorian deportee has been hospitalized in serious condition after setting himself on fire at Rome’s Fiumicino airport:

“He had been ordered to present himself to border police at the airport for expulsion from Italy.
The man used a fuel tank and was seen being carried away in a stretcher, wrapped in a fire blanket.”

Dangerous trend
Human Rights Watch’s Benjamin Ward argues that “hatred and intolerance are moving into the mainstream in Europe” and action is required to stem the tide:

“Too often, mainstream European politicians use intolerant or coded language about unpopular minorities. They justify such speech on the ground that the failure to discuss issues like immigration creates political space for extremist parties. But far from neutralizing extremist parties, this kind of rhetoric from government ministers and other mainstream politicians instead legitimizes their views, sending a message to voters that xenophobic, anti-Muslim, or anti-Roma sentiment is acceptable rather than a cause for shame.
Human Rights Watch staff witnessed a Greek MP from a mainstream party describe migrants as ‘cockroaches’ during a Greek Parliamentary committee hearing in November on violence against migrants.”

Immodest claims
In a letter to the Guardian, an ambulance medic takes exception to the idea that banking executives make a “modest” wage for the work they do:

“A multimillion-pound pay packet for a banker’s success or failure is not ‘modest’. We take home in a gruelling year of real blood, sweat and tears what [RBS CEO] Stephen Hester earns in six days. I wish that those who earn such sums would realise that their renumeration is not right. Perhaps they should not apply terms to themselves like ‘I have one of the hardest jobs in the world’ (Fred the Shred) until they see what others do on a fraction of their wage. What comes out of their mouths undermines millions of hard working people in this country. If an ambulance turned up to one of their children severely injured on a country road, would we seem only worth £15 an hour? As they watched as we fought for their child’s life, far from back up and hospital facilities, would they reconsider the value of jobs that do not make a profit?
Would they consider our wages modest as they apply this term to their own? Modest is a powerful word and has to be earned.”