Latest Developments, March 28

In the latest news and analysis…

Syrian math
Embassy Magazine’s Scott Taylor compares fatalities in Arab-Spring Syria and US-occupied Iraq.
“According to the US State Department, approximately 10,000 Syrians have been killed in the fighting over the past 12 months (this figure includes both pro-regime security forces and rebel fighters).
As a counterweight to US Secretary of State Hillary Clinton’s moral outrage at the Syrian violence, one need only look at the previous nine years, during which America occupied Syria’s neighbour.
In the US response to armed uprisings and inter-ethnic violence in Iraq, the lowest official estimate of casualties published by the Iraqi Body Count Project puts the death toll as of January 2012 at over 272,000.
While the death toll fluctuated during those years, the rough math brings us to an annual loss of 30,000 Iraqi lives per year—three times that of the current ‘unacceptable’ level of civil war violence in Syria.”

Pakistan’s drone opposition
The Associated Press reports Pakistan recently rejected concessions offered by US officials scrambling to save their drone campaign after “a series of incidents throughout 2011” damaged the two countries’ relationship.
“CIA Director David Petraeus, who met with Pakistan’s then-spy chief, Lt. Gen. Ahmed Shuja Pasha at a meeting in London in January, offered to give Pakistan advance notice of future CIA drone strikes against targets on its territory in a bid to keep Pakistan from blocking the strikes — arguably one of the most potent U.S. tools against al-Qaida.
The CIA chief also offered to apply new limits on the types of targets hit, said a senior U.S. intelligence official briefed on the meetings. No longer would large groups of armed men rate near-automatic action, as they had in the past — one of the so-called ‘signature’ strikes, where CIA targeters deemed certain groups and behavior as clearly indicative of militant activity.”

Global Compact housecleaning
The Guardian reports that the UN Global Compact – “the world’s largest voluntary corporate sustainability initiative” – is set to kick out more than 750 businesses over the next six months.
“Non-governmental organisations have long criticised the Global Compact, which promotes 10 principles in the areas of human rights, labour, the environment and anti-corruption, because it has no effective monitoring and enforcement provisions.
They also accuse businesses of using it to oppose any binding international regulation on corporate accountability and for benefitting from the Global Compact’s logo, a blue globe and a laurel wreath, which is very similar to the UN logo, while continuing to perpetrate human rights and environmental abuses.”

Climate change ruling
Reuters reports that an Australian court has ruled Swiss mining giant Xstrata can proceed with developing a massive coal mine despite arguments that it will contribute to climate change.
“The case against the 22 million metric tons (24.2 million tons) per year open-cut Wandoan coal mine is the first to use climate change as the primary argument against the development of a mine, according to Friends of the Earth.
Xstrata argued in the case that stopping the Wandoan coal project would not affect the total amount of greenhouse gas in the atmosphere, since the coal that it would have produced by Wandoan would be replaced by coal produced elsewhere.
The Land Court agreed, saying in its ruling, ‘It is difficult to see from the evidence that this project will cause any relevant impact on the environment.’ ”

ICC’s Africa problem
Harvard Law School graduate student Nanjala Nyabola argues that the International Criminal Court has yet to earn the confidence of Africans, a problem that is especially troubling because all 28 people indicted by the court so far come from Africa.
“The answer may lie in investing universal jurisdiction in various African supreme or high courts, simply by passing statutes that give these courts authority to try cases related to the most egregious violations of human rights on the continent.
Using the judiciaries of smaller states in Africa that have succeeded in earning the confidence of their people provides an alternative that takes alleged offenders out of the immediate context of the crimes but still respects the idea of ‘African solutions for African problems’. Mauritius, Namibia, Botswana, Ghana – these are all nations with the capacity (albeit with significant assistance) to set up special chambers akin to those in Cambodia to try such cases.”

Misguided Principles
The University of Ottawa’s Penelope Simons argues that the UN’s current framework on addressing corporate human rights impunity is “misconceived.”
“[This article] seeks to demonstrate the problems with the [UN secretary-general’s special representative for business and human rights (SRSG)]’s approach by arguing that, along with the interventions of international financial institutions in the economies of developing states, one of the most significant impediments to corporate human rights accountability is the structure of the international legal system itself… It is argued that powerful states have used international law and international institutions to create a globalised legal environment which protects and facilitates corporate activity and, although the SRSG identified symptoms of this reality during his tenure, he did not examine the deep structural aspects of this problem. This article demonstrates that such an examination would have revealed the crucial need for binding international human rights obligations for business entities in any adequate strategy aimed at addressing corporate impunity.”

Third British Empire
Author Dan Hind argues that although its days of colonization and slave trading are over, Britain is now at the centre of a new imperial enterprise whose “signature crime is tax evasion.”
“Nowadays, if you believe what you’re told by respectable historians and broadcasters, Britain has turned its back on its imperial past and is trying as best it can to make its way as an ordinary nation. The reality is somewhat more complicated. One day, perhaps history will describe a third British Empire, organised around the country’s offshore financial infrastructure and its substantial diplomatic, intelligence and communications resources. Having given up the appearance of empire, the British have sought to reclaim its substance.”

Symmetry of slaughter
Syndicated columnist Gwynne Dyer contrasts the public discourse surrounding recent mass murders committed by a Muslim man in France and an American soldier in Afghanistan.
“Predictably, Marine Le Pen, leader of the extreme right National Front, called on French voters to ‘fight…against these politico-religious fundamentalists who are killing our Christian children, our Christian young men.’
The incumbent right-wing president, Nicolas Sarkozy, says much the same thing, but less bluntly.

As for the Bales atrocity, it is already being written off by the American media and public as a meaningless aberration that tells us nothing about US foreign policy or national character.”

Latest Developments, February 1

 

In the latest news and analysis…

Legal letter
The Twittersphere has uncovered, seemingly thanks to the Globe and Mail’s Geoffrey York, a 2011 letter addressed by American law firm McKenna, Long & Aldridge to Senegalese President “His Excellency Maitre Abdoulaye Wade” who is currently facing mass protests over his decision to seek a third term in contravention of the country’s constitution.
“It is indeed an honor to consult with you and to provide representation for The Office of the President with respect to your efforts to seek a third term as President of The Republic of Senegal. I will lead a team of lawyers and professionals at McKenna Long & Aldridge (hereinafter “MLA”) who have been assembled to research and analyze your authority to seek a third term under the Senegalese Constitution and other relevant laws, create a white paper that discusses our conclusions, and develop and implement an agreed upon protocol for sharing these findings with appropriate officials and interested parties in the United States and in The Republic of Senegal.”

Drone suit
The Washington Post reports the American Civil Liberties Union has filed a suit against the US government in order to obtain documents pertaining to its use of drones, though only insofar as they involve the targeted killings of US citizens.
“The lawsuit, filed in the U.S. District Court for the Southern District of New York, charged the Justice and Defense departments and the CIA with illegally failing to respond to requests made in October under the Freedom of Information Act (FOIA). It cited public comments made by President Obama, Defense Secretary Leon E. Panetta and other officials in arguing that the government cannot credibly claim a secrecy defense.

‘The request relates to a topic of vital importance: the power of the U.S. government to kill U.S. citizens without presentation of evidence and without disclosing legal standards that guide decision makers,’ the complaint said.

Mining suit
The Montreal Gazette reports a group of NGOs has asked the Supreme Court of Canada to decide whether a Canadian mining company can be held liable for its alleged involvement in a massacre in the Democratic Republic of Congo eight years ago.
“The group says Anvil Mining Ltd. provided logistical assistance, such as planes, trucks and drivers, to the Congolese military during a rebel uprising in Kilwa, a town near the Dikulushi copper and silver mine the company owned in the Central African country until 2010.
That year, the five-member Canadian Coalition Against Impunity asked the Quebec Superior Court to approve a class-action suit on behalf of relatives of an estimated 100 victims.
Anvil Mining contested the court’s jurisdiction and lost – but that ruling was overturned last week by the Quebec Court of Appeal.”

Coronary capitalism
Harvard University’s Kenneth Rogoff uses the example of the food industry to suggest the “pathological regulatory-political-economic dynamic” of the financial sector is present throughout Western capitalism.
“Highly processed corn-based food products, with lots of chemical additives, are well known to be a major driver of weight gain, but, from a conventional growth-accounting perspective, they are great stuff. Big agriculture gets paid for growing the corn (often subsidized by the government), and the food processors get paid for adding tons of chemicals to create a habit-forming – and thus irresistible – product. Along the way, scientists get paid for finding just the right mix of salt, sugar, and chemicals to make the latest instant food maximally addictive; advertisers get paid for peddling it; and, in the end, the health-care industry makes a fortune treating the disease that inevitably results.”

Colonial plant policy
Jeune Afrique reviews a new book by Serge Volper that explores how colonial powers not only took resources from Africa but also imposed the forced production of cash crops with implications that are being felt to this day.
“But the most effective way to meet certain requirements rested on another form of constraint. ‘The colonial system imposed monedy,’ Volper explains. ‘The prevailing barter system – commodities for manufactured products – evolved when the colonizer introduced taxation. The people then had to work to obtain the money necessary to pay taxes…’ Obviously, the crops that would best feed the population were not on the list of priorities. Based on climate, workforce and land, the different regions under French control were pushed to develop specific crops. Cocao in Côte d’Ivoire, peanuts in Senegal, bananas in Guinea, vanilla in Madagascar. Only cotton production did not meet with success, which did not come until after independence.” (Translated from the French.)

Math problem
ECONorthwest’s Ann Hollingshead explains why a recent Global Financial Integrity report estimating illicit financial outflows from Mexico at $18.7 billion per year – of which $15.3 billion is attributable to transfer mispricing – used a non-traditional method for reaching that figure.
“[Author Dev] Kar does not net out ‘reversals’ or illicit inflows from his estimates. This diverges from more traditional models, where economists do subract illicit inflows from illicit outflows, resulting in a lower ‘net’ estimate of capital flight. But this gives a skewed picture. Illicit inflows [Editor’s note: I changed “outflows” to “inflows” here to correct what I believe is a typo], because they are illegal by definition, are not supplementing the domestic economy in the same way an illicit outflow is detracting from it.

Why should laundered money offset the damage of tax evasion?”

Raising the CSR bar
In light of the ongoing controversy over Dow Chemical’s association with the 2012 London Olympics, the Institute for Human Rights and Business’s Salil Tripathi argues future organizers should extend the ideal of excellence to corporate responsibility by subjecting prospective sponsors to a rigorous screening process.
“It is clear that a quick check of company reputation isn’t adequate. Reputation surveys are notoriously subjective. Nor can the existence of corporate sustainability policies be sufficient: there are many companies that have policies in place which commit them to respect human rights, to act in a responsible manner, to operate in a sustainable way, and to obey the law. And yet, many companies still end up committing or being associated with abuses. The new UN Guiding Principles on business and human rights – which provide the authoritative due diligence steps all companies need to take, including to track and monitor performance – are a promising yardstick to deploy. Companies that can effectively demonstrate they are acting in line with this international framework should in theory pass such a screening.”