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Paul Merrell

Loopholes, Filing Failures, and Lax Enforcement: How the Foreign Agents Registration Ac... - 0 views

  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Executive Summary The Foreign Agents Registration Act (FARA) requires that all American citizens working to influence U.S. policy on behalf of foreign governments register with the Department of Justice and to disclose information on any and all political activity in which they engaged for foreign clients. This includes filing, within 48 hours, any informational materials disseminated to two or more people.
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  • Table of Contents Executive SummaryIntroductionBackgroundWhat the Foreign Influence Database ShowsEgypt: A Case Study Of Foreign InfluenceSame-Day ContributionsSystemic Foreign InfluenceQuid Pro Quo or Coincidence?Foreign Money and the LawLax Compliance with and Enforcement of FARAEnforcementConclusionRecommendationsEndnotes
  • The law requires lobbyists for foreign interests to plainly and conspicuously identify themselves as such in any materials distributed in the course of their lobbying—for example, emails, other correspondence, or publications. We found that many documents filed with the Justice Department lack this identification statement; furthermore, many lobbyists admitted that they did not comply with this requirement. More than half (51 percent) of the registrants we examined in a sample from 2010 checked a box on a the semi-annual Justice Department questionnaire saying they had filed informational materials, and checked another box saying they had not met the legal requirement that they identify themselves in those materials as working on behalf of foreign interests. Toby Moffett, a former Member of Congress from Connecticut who is now Chairman of the Moffett Group and one of its registered lobbyists, told POGO that “Around the edges there’s a lot of loosey-goosey stuff going on. People representing foreign interests and not reporting.”[4] But even when lobbyists do report to the Justice Department, the information they provide is not easily accessible to the public. Astonishingly, informational materials are not available online, despite the fact that the Justice Department has an electronic filing system. Instead, these documents are kept in an office at the Justice Department that is only open for four hours each weekday. Hard copies of the documents are kept in folders that are often disorganized and susceptible to misfiling. This archaic system undermines the intended transparency of the law.
  • We set out to determine the extent to which lobbyists for foreign interests were filing lobbying materials at the Justice Department within the required time frame. Based on a review of filings made in 2012, in those instances where it was possible to answer the question, POGO estimates that almost half—46 percent—were filed late. Fifteen percent were filed more than 30 business days after they were distributed, and 12 percent were filed more than 100 business days after they were distributed. In many instances, the Justice Department would be hard pressed to enforce the filing deadline. Based on the records the Department maintains to enforce the law, we found that in more than a quarter (26 percent) of the 2012 filings, it was impossible to determine whether the lobbyists complied. For example, in many cases, the records did not show when the lobbyists disseminated the materials to the targets of their lobbying. In a glaring omission, the law does not require lobbyists to provide that information. Without it, there may be no way for the government or the public to know whether lobbying materials were filed on time.
  • Though federal law bars foreign money from U.S. political campaigns, there appears to be a gray area in the law that can let in such money indirectly. POGO found many instances in which members of lobbying firms made political contributions to Members of Congress on the same day that those firms were lobbying the Members of Congress or their legislative staffs on behalf of foreign clients.[1] Lobbyists who fail to comply with certain FARA requirements may have little to fear from the Justice Department. “The cornerstone of the Registration Unit’s enforcement efforts is encouraging voluntary compliance,” a Justice Department website says.[2] When lobbyists do not voluntarily comply, the Justice Department rarely uses one of the key tools at its disposal to enforce the law—seeking a court injunction. A representative of the Department’s FARA unit told POGO: “While the FARA statute and regulations authorize the pursuit of formal legal proceedings, such as injunctive remedy options, the FARA Unit [has] not pursued injunctive remedy options recently and has instead utilized other mechanisms to achieve compliance.”[3] It appears that some registered foreign agents have been distributing materials but not filing them with the Justice Department. It’s unclear the extent to which that illustrates a lack of compliance with the law or loopholes in the law. In the process of researching this report, POGO noticed that many more lobbyists were registering as foreign agents than had filed informational materials that we could locate at the FARA office. To determine what was happening, we looked at a sampling of questionnaires that the Justice Department requires registered agents to complete every six months. Some checked one box indicating they had distributed materials and another box stating they did not file them with the FARA office.
  • The Project On Government Oversight examined thousands of these materials spanning four years, as well as additional public records related to the Justice Department’s oversight of lobbyists for foreign interests. We found that lobbyists for foreign interests have routinely failed to comply with the law—a failure that prevents journalists and watchdogs from scrutinizing the lobbying activities while foreign interests are trying to influence U.S. policy. We found a pattern of lax enforcement of FARA requirements by the Justice Department. We found that the Justice Department office responsible for administering the law is a record-keeping mess. And we found loopholes in the law that often makes it difficult if not impossible for the government to police compliance or to discipline lobbyists who fail to comply. Here are some highlights of our investigation:
  • When lobbyists for foreign interests do not follow the law, when the U.S. government fails to enforce it, and when the Justice Department makes it difficult for the American people to access records to which they are legally entitled, the public is left in the dark. To bring more transparency to this opaque realm, POGO has made four years of informational materials available for the first time online with our Foreign Influence Database, allowing the public to see how lobbyists attempt to influence American policies on behalf of their foreign clients.
  • With the release of the Foreign Influence Database, the Project On Government Oversight (POGO) is making years of documents from this key set of FARA filings electronically available for the first time. The materials were previously only available in hard copy at the FARA Registration Unit in Washington, DC, which is only open to the public from 11am to 3pm on weekdays.[12] In this digital age it is surprising that these materials could not be read online and are instead stored in file folders, where they are disorganized and susceptible to misfiling. Even those that were electronically filed by the registrants are not available to the public in an electronic format. POGO’s database includes informational materials filed in 2009, 2010, 2011, and 2012.[13]
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    POGO does thorough work and doesn't let up until it gets results. Forcing DoJ to puts its foreign agents registration materials online should be a fairly trivial battle. The real war, though, will be forcing better enforcement. The new database is at http://www.pogo.org/tools-and-data/foreign-influence-database/ I punched up the word "Israel" and came up with 113 documents in the search results. Each search hit lists the name of the nation involved that the lobbying was done for. Of those 113 document hits, only two were for the nation of Israel, both for its Ministry of Tourism. The rest were by other nations who had mentioned Israel in their lobbying materials.  Now that is fairly incredible, given that Israel outright controls Congress when it comes to Middle East policy.  The last administration to attempt to do something about Israeli lobbyists not registering was the the Kennedy Administration. The result was that the major Israeli lobbying group disbanded and was promptly reformed under a new corporate charter and name. That was the very last attempt at enforcing the Foreign Agents Registration Act against Israel's lobbyists in the U.S., despite the fact that the reformed group, AIPAC, has even been caught more than once being passed highly classified U.S. documents by double agents working inside the U.S. military establishment. The leakers went to prison but the AIPACers were never prosecuted. AIPAC rules.  
Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

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    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Paul Merrell

How Barack Obama turned his back on Saudi Arabia and its Sunni allies | Middle East | N... - 0 views

  • Commentators have missed the significance of President Barack Obama’s acerbic criticism of Saudi Arabia and Sunni states long allied to the US for fomenting sectarian hatred and seeking to lure the US into fighting regional wars on their behalf. In a series of lengthy interviews with Jeffrey Goldberg published in The Atlantic magazine, Mr Obama explains why it is not in the US’s interests to continue the tradition of the US foreign policy establishment, whose views he privately disdains, by giving automatic support to the Saudis and their allies.  Obama’s arguments are important because they are not off-the-cuff remarks, but are detailed, wide ranging, carefully considered and leading to new departures in US policy. The crucial turning point came on 30 August 2013 when he refused to launch air strikes in Syria. This would, in effect, have started military action by the US to force regime change in Damascus, a course of action proposed by much of the Obama cabinet as well by US foreign policy specialists.  Saudi Arabia, Turkey and the Gulf monarchies were briefly convinced that they would get their wish and the US was going to do their work for them by overthrowing President Bashar al-Assad. They claimed this would be easy to do, though it would have happened only if there had been a full-scale American intervention and it would have produced a power vacuum that would have been filled by fundamentalist Islamic movements as in Iraq, Afghanistan and Libya. Mr Goldberg says that by refusing to bomb Syria, Obama “broke with what he calls, derisively, ‘the Washington Playbook’. This was his liberation day”.
  • It will be important to know after the US election if the new president will continue to rebalance US foreign policy away from reliance on Sunni powers seeking to use American military and political “muscle” in their own interests. Past US leaders have closed their eyes to this with disastrous consequences in Afghanistan, Iraq, Libya and Syria. Mr Goldberg says that President Obama “questioned, often harshly, the role that America’s Sunni Arab allies play in fomenting anti-American terrorism. He is clearly irritated that foreign policy orthodoxy compels him to treat Saudi Arabia as an ally”.  What is truly strange about the new departures in US foreign policy is that they have taken so long to occur. Within days of 9/11, it was known that 15 out of the 19 hijackers were Saudi, as was Osama bin Laden and the donors who financed the operation. Moreover, the US went on treating Saudi Arabia, Turkey, Pakistan and the Gulf monarchies as if they were great powers, when all the evidence was that their real strength and loyalty to the West were limited. 
  • Though it was obvious that the US would be unable to defeat the Taliban so long as it was supported and given sanctuary by Pakistan, the Americans never confronted Pakistan on the issue. According to Goldberg, Obama “privately questions why Pakistan, which he believes is a disastrously dysfunctional country, should be considered an ally of the US at all”. As regards Turkey, the US President had hopes of its President Recep Tayyip Erdogan, but has since come to see him as an authoritarian ruler whose policies have failed.
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  • A striking feature of Obama’s foreign policy is that he learns from failures and mistakes. This is in sharp contrast to Britain where David Cameron still claims he did the right thing by supporting the armed opposition that replaced Muammar Gaddafi in Libya, while George Osborne laments Parliament’s refusal to vote for the bombing of Syria in 2013. 
  • It will become clearer after November’s presidential election how far Obama’s realistic take on Saudi Arabia, Turkey, Pakistan and other US allies and his scepticism about the US foreign policy establishment will be shared by the new administration. The omens are not very good since Hillary Clinton supported the invasion of Iraq in 2003, intervention in Libya in 2011 and bombing Syria in 2013. If she wins the White House, then the Saudis and the US foreign policy establishment will breathe more easily. 
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    Patrick Cockburn, one of the very best Mideast investigative reporters, riffs on Obama's foreign policy changes and questions whether Obama's realist foreign policy will survive a new resident at 1600 Pennsylvania Avenue.
Paul Merrell

Republican Candidates Outsource Their Foreign Policy - Bloomberg View - 0 views

  • There's a good reason so many GOP candidates seem to be well-prepared yet uncannily in sync when it comes to foreign policy: Most of them have tapped the same group of experts for guidance, a shadow foreign policy campaign infrastructure just waiting for a nominee to emerge.Ever since Mitt Romney lost the race in 2012, his foreign policy team has been working to remain intact, become a resource for as many primary candidates as possible, and position itself to influence the next president, if he or she is a Republican. For candidates who haven't the time or resources to build their own foreign policy staffs at this stage, the project, called the John Hay Initiative, is a handy tool to get smart fast on complicated subjects and even hand off some heavy lifting on national security issues.For the party itself, the group's omnipresence behind the scenes is shaping a hawkish, right-of-Hillary-Clinton foreign policy agenda that is quickly becoming the established position of the party hopefuls going into 2016.
Paul Merrell

M of A - Nusra On The Run - Trump Induces First Major Policy Change On Syria - 0 views

  • The first significant step of the new administration comes while Trump is not even in offices. Obama, selfishly concerned with his historic legacy, suddenly makes a 180 degree turn and starts to implement Trump polices. Lets consider the initial position: Asked about Aleppo in an October debate with Clinton, Trump said it was a humanitarian disaster but the city had "basically" fallen. Clinton, he said, was talking in favor of rebels without knowing who they were. The rebels fighting Assad in western Syria include nationalists fighting under the Free Syrian Army banner, some of them trained in a CIA-backed program, and jihadists such as the group formerly known as the al Qaeda-linked Nusra Front. The Obama administration, through the CIA led by Saudi asset John Brennan, fed weapons, training and billions of dollars to "moderate rebels". These then turned around (vid) and either gave the CIA gifts to al-Qaeda in Syria (aka Jabhat al Nusra) or joined it themselves. The scheme was no secret at all and Russia as well as Syria pointed this out several times. The Russian foreign Minister Lavrov negotiated with the U.S. Secretary of State Kerry who promised to separate the "moderate rebels" from al-Qaeda. But Kerry never delivered. Instead he falsely accuse Russia of committing atrocities that never happened. The CIA kept the upper hand within the Obama administration and continued its nefarious plans. That changed the day the president-elect Trump set foot into the White House. While Obama met Trump in the oval office, new policies, prepared beforehand, were launched. The policies were held back until after the election and would likely not have been revealed or implemented if Clinton had won.
  • The U.S. declared that from now on it will fight against al-Qaeda in Syria: President Obama has ordered the Pentagon to find and kill the leaders of an al-Qaeda-linked group in Syria that the administration had largely ignored until now and that has been at the vanguard of the fight against the Syrian government, U.S. officials said. That shift is likely to accelerate once President-elect Donald Trump takes office. ... possibly in direct cooperation with Moscow. ...U.S. officials who opposed the decision to go after al-Nusra’s wider leadership warned that the United States would effectively be doing the Assad government's bidding by weakening a group on the front line of the counter-Assad fight. ... Defense Secretary Ashton B. Carter and other Pentagon leaders initially resisted the idea of devoting more Pentagon surveillance aircraft and armed drones against al-Nusra.
  • Ash Carter is, together with John Brennan, the major anti-Russian force in the Obama administration. He is a U.S. weapon industry promoter and the anti-Russia campaign, which helps to sell U.S. weapons to NATO allies in Europe, is largely of his doing. He saw al-Qaeda in Syria as a welcome proxy force against Russia. But Obama has now shut down that policy. We are not yet sure that this is for good but the above Washington Post account is not the only signal: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) took action today to disrupt al-Nusrah Front’s military, recruitment, and financing operations. Specifically, OFAC designated four key al-Nusrah Front leaders – Abdallah Muhammad Bin-Sulayman al-Muhaysini, Jamal Husayn Zayniyah, Abdul Jashari, and Ashraf Ahmad Fari al-Allak – pursuant to Executive Order (E.O.) 13224, which targets terrorists and those providing support to terrorists or acts of terrorism. ... These designations were taken in coordination with the U.S. Department of State, which today named Jabhat Fath al Sham as an alias of al-Nusrah Front – al-Qa’ida’s affiliate in Syria. ... Abdallah Muhammad Bin-Sulayman al-Muhaysini was designated for acting for or on behalf of, and providing support and services to or in support of, al-Nusrah Front. This is a major change in U.S. policy. Nusra will from now on be on the run not only from Russian and Syrian attacks but also from the intelligence and military capabilities of the United States. The newly designated Al-Muhaysini, a Saudi cleric, is Nusra's chief ideologue in Syria. Some considered him the new Osama Bin-Laden.
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  • Hadi Abdullah, friend of the designated al-Qaeda terrorist Muhaysini, just received the 2016 Press Freedom Price from the CIA/Soros financed "regime change" influence operation Reporters Without Borders. Might this mean that Hadi Abdullah is himself a CIA assets? He would not be the first such "journalist" in Syria. Obama, obviously as a direct consequence of the Trump election, now ordered the Pentagon to wage war on al-Qaeda in Syria just as the Russians do. This after five years of nearly unlimited U.S. support for al-Qaeda and its "moderate" Syrian affiliates. It is not yet know what new orders, if any, Obama gave to the CIA. Will the CIA follow these policies or will it (again) try to counter the Pentagon policies in Syria? It is unusual that the WaPo report above about this new direction includes no commenting voice from the CIA. Why is such missing? Russia and Syria will welcome the new Obama policies should they come to fruit on the ground. Hillary Clinton had planned and announced to widen the conflict in Syria and with Russia and Iran. Obama would surely not have acted against such policies if she had been elected. But with Trump winning and thereby a new policy on the horizon he now changed course to a direction that will provide "continuity" when Trump takes over. Not only is Trump kicking a black family out of its longtime limewashed home, he also ends U.S. government support for the disenfranchised Jihadis in Syria and elsewhere. This even months before taking office. He really is the menace we have all been warned about.
  • UPDATE: This interview in today's WSJ confirms that Trump is still in the pro-Syrian/anti-Jihadist camp that is opposed to Obama's original policy: Donald Trump, in Exclusive Interview, Tells WSJ He Is Willing to Keep Parts of Obama Health Law He said he got a “beautiful” letter from Russian President Vladimir Putin, adding that a phone call between them is scheduled shortly. ... Although he wasn’t specific, Mr. Trump suggested a shift away from what he said was the current Obama administration policy of attempting to find moderate Syrian opposition groups to support in the civil war there. “I’ve had an opposite view of many people regarding Syria,” he said. He suggested a sharper focus on fighting Islamic State, or ISIS, in Syria, rather than on ousting Syrian President Bashar al-Assad. “My attitude was you’re fighting Syria, Syria is fighting ISIS, and you have to get rid of ISIS. Russia is now totally aligned with Syria, and now you have Iran, which is becoming powerful, because of us, is aligned with Syria. … Now we’re backing rebels against Syria, and we have no idea who these people are.” If the U.S. attacks Mr. Assad, Mr. Trump said, “we end up fighting Russia, fighting Syria.”
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    I think b has it right here; this is Trump impact on U.S. foreign policy. And the fact the Trump is going full bore on al Nurah and ISIL suggests that Trump is not so strongly pro-Israel as he's been made out to be. (Israel's right-wing leadership has been very strongly anti-Assad.)
Paul Merrell

Engineering Empire: An Introduction to the Intellectuals and Institutions of American I... - 0 views

  • Educating yourself about empire can be a challenging endeavor, especially since so much of the educational system is dedicated to avoiding the topic or justifying the actions of imperialism in the modern era. If one studies political science or economics, the subject might be discussed in a historical context, but rarely as a modern reality; media and government voices rarely speak on the subject, and even more rarely speak of it with direct and honest language. Instead, we exist in a society where institutions and individuals of power speak in coded language, using deceptive rhetoric with abstract meaning. We hear about 'democracy' and 'freedom' and 'security,' but so rarely about imperialism, domination, and exploitation.
  • The objective of this report is to provide an introduction to the institutional and social structure of American imperialism. The material is detailed, but should not be considered complete or even comprehensive; its purpose is to function as a resource or reference for those seeking to educate themselves about the modern imperial system. It's not an analysis of state policies or the effects of those policies, but rather, it is an examination of the institutions and individuals who advocate and implement imperial policies. What is revealed is a highly integrated and interconnected network of institutions and individuals - the foreign policy establishment - consisting of academics (so-called "experts" and "policy-oriented intellectuals") and prominent think tanks.
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    A primer on the foreign policy wonks who actually set U.S. foreign policy: a small group of people whose power to set policy survives the ebb and flow of new Presidents. Names, affiliations, who they influence, and more. 
Paul Merrell

Saudi Arabia warns of shift away from U.S. over Syria, Iran | Reuters - 1 views

  • (Reuters) - Upset at President Barack Obama's policies on Iran and Syria, members of Saudi Arabia's ruling family are threatening a rift with the United States that could take the alliance between Washington and the kingdom to its lowest point in years. Saudi Arabia's intelligence chief is vowing that the kingdom will make a "major shift" in relations with the United States to protest perceived American inaction over Syria's civil war as well as recent U.S. overtures to Iran, a source close to Saudi policy said on Tuesday.Prince Bandar bin Sultan told European diplomats that the United States had failed to act effectively against Syrian President Bashar al-Assad and the Israeli-Palestinian conflict, was growing closer to Tehran, and had failed to back Saudi support for Bahrain when it crushed an anti-government revolt in 2011, the source said."The shift away from the U.S. is a major one," the source close to Saudi policy said. "Saudi doesn't want to find itself any longer in a situation where it is dependent."It was not immediately clear whether the reported statements by Prince Bandar, who was the Saudi ambassador to Washington for 22 years, had the full backing of King Abdullah.
  • Saudi Arabia's intelligence chief is vowing that the kingdom will make a "major shift" in relations with the United States to protest perceived American inaction over Syria's civil war as well as recent U.S. overtures to Iran, a source close to Saudi policy said on Tuesday.Prince Bandar bin Sultan told European diplomats that the United States had failed to act effectively against Syrian President Bashar al-Assad and the Israeli-Palestinian conflict, was growing closer to Tehran, and had failed to back Saudi support for Bahrain when it crushed an anti-government revolt in 2011, the source said."The shift away from the U.S. is a major one," the source close to Saudi policy said. "Saudi doesn't want to find itself any longer in a situation where it is dependent."It was not immediately clear whether the reported statements by Prince Bandar, who was the Saudi ambassador to Washington for 22 years, had the full backing of King Abdullah.The growing breach between the United States and Saudi Arabia was also on display in Washington, where another senior Saudi prince criticized Obama's Middle East policies, accusing him of "dithering" on Syria and Israeli-Palestinian peace.
  • In unusually blunt public remarks, Prince Turki al-Faisal called Obama's policies in Syria "lamentable" and ridiculed a U.S.-Russian deal to eliminate Assad's chemical weapons. He suggested it was a ruse to let Obama avoid military action in Syria."The current charade of international control over Bashar's chemical arsenal would be funny if it were not so blatantly perfidious. And designed not only to give Mr. Obama an opportunity to back down (from military strikes), but also to help Assad to butcher his people," said Prince Turki, a member of the Saudi royal family and former director of Saudi intelligence.The United States and Saudi Arabia have been allies since the kingdom was declared in 1932, giving Riyadh a powerful military protector and Washington secure oil supplies.The Saudi criticism came days after the 40th anniversary of the October 1973 Arab oil embargo imposed to punish the West for supporting Israel in the Yom Kippur war.That was one of the low points in U.S.-Saudi ties, which were also badly shaken by the September 11, 2001, attacks on the United States. Most of the 9/11 hijackers were Saudi nationals.
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  • Saudi Arabia gave a clear sign of its displeasure over Obama's foreign policy last week when it rejected a coveted two-year term on the U.N. Security Council in a display of anger over the failure of the international community to end the war in Syria and act on other Middle East issues.Prince Turki indicated that Saudi Arabia will not reverse that decision, which he said was a result of the Security Council's failure to stop Assad and implement its own decision on the Israeli-Palestinian conflict."There is nothing whimsical about the decision to forego membership of the Security Council. It is based on the ineffectual experience of that body," he said in a speech to the Washington-based National Council on U.S.-Arab Relations.
  • Prince Bandar is seen as a foreign policy hawk, especially on Iran. The Sunni Muslim kingdom's rivalry with Shi'ite Iran, an ally of Syria, has amplified sectarian tensions across the Middle East.A son of the late defense minister and crown prince, Prince Sultan, and a protégé of the late King Fahd, he fell from favor with King Abdullah after clashing on foreign policy in 2005.But he was called in from the cold last year with a mandate to bring down Assad, diplomats in the Gulf say. Over the past year, he has led Saudi efforts to bring arms and other aid to Syrian rebels."Prince Bandar told diplomats that he plans to limit interaction with the U.S.," the source close to Saudi policy said."This happens after the U.S. failed to take any effective action on Syria and Palestine. Relations with the U.S. have been deteriorating for a while, as Saudi feels that the U.S. is growing closer with Iran and the U.S. also failed to support Saudi during the Bahrain uprising," the source said.The source declined to provide more details of Bandar's talks with the diplomats, which took place in the past few days.
  • But he suggested that the planned change in ties between the energy superpower and the United States would have wide-ranging consequences, including on arms purchases and oil sales.Saudi Arabia, the world's biggest oil exporter, ploughs much of its earnings back into U.S. assets. Most of the Saudi central bank's net foreign assets of $690 billion are thought to be denominated in dollars, much of them in U.S. Treasury bonds."All options are on the table now, and for sure there will be some impact," the Saudi source said.He said there would be no further coordination with the United States over the war in Syria, where the Saudis have armed and financed rebel groups fighting Assad.The kingdom has informed the United States of its actions in Syria, and diplomats say it has respected U.S. requests not to supply the groups with advanced weaponry that the West fears could fall into the hands of al Qaeda-aligned groups.Saudi anger boiled over after Washington refrained from military strikes in response to a poison gas attack in Damascus in August when Assad agreed to give up his chemical weapons arsenal.
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    This lengthy article from Reuters deserves attention. The peace initiatives by Russia/Syria and by Iran are forcing realignment of foreign policies throughout the Mideast. The U.S. is no longer perceived as being on the side of only Sunni Muslim states. One of the most visible changes (after cancellation of the U.S. military strike on Syria) is a go-it-alone declaration by the House of Saud that parallels the stance taken by Israel's ruling right-wing coalition. Both Israel and the Saudis had very successfully isolated the U.S. from the non-Sunni Arab nations, fueling and deepening a religious divide within the Arab nations. It remains to be seen whether the declarations by the House of Saud and Bibi Netanyahu will translate into effective military action against Iran and Syria, although Saudi money and weapons will continue to flow into Syria for the foreseeable future. Both nations will continue attempts to undo the looming Iran-U.S. thaw in relations. Predictably, the Zionist/Neocon hawks in Congress are pushing legislation to put a big freeze back on the Iran-U.S. thaw in relations, including a bill to stiffen economic sanctions on Iran and authorize military strikes against Syria. But that legislation seems to be going nowhere; the mood of the U.S. population (and thus of those up for election next year) has shifted to profoundly anti-war, at least as applied to Syria and Iran. It would be ironic if Russia/Syria and Iran's peace initiatives actually resulted in a lasting U.S. shift away from the Zionist/Neocon strategy to destabilize all of Israel's neighboring states except Egypt, Lebanon, and Jordan (those three have already been destabilized and swept into Israel's influence). If so, Obama might yet leave a positive legacy.
Gary Edwards

The Constitution and Foreign Policy: The Future of Freedom Foundation - 0 views

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    The Constitution and Foreign Policy by Bart Frazier, Posted October 17, 2007 Protecting the country from invasion and securing individual rights are two of the vital functions of the federal government. At the same time the government is the greatest threat to our freedom. This was the subject of FFF's June conference, "Restoring the Republic: Foreign Policy and Civil Liberties." An underlying theme, touched on by every one of the speakers, was the relationship between the state and the individual, for it is the individual who ultimately feels the effects of the government policies. For Americans, the rulebook for this relationship is the Constitution. In the United States, the Constitution is the primary connection between the individual and the state. It is the law of the land and the document that trumps all others when determining what the state may and may not do. The Constitution was designed to protect us, the people, from government. It is the government, however, that has advanced an overactive foreign policy for the past several decades, and it is the American people who now feel the adverse effects of the resulting blowback. It is the government that violates civil liberties, and it is the individual who feels the effects of government surveillance, detention, and torture.
Paul Merrell

Smoking gun emails reveal 'deal in blood' George Bush and Tony Blair made as they secre... - 0 views

  • A bombshell White House memo has revealed for the first time details of the ‘deal in blood’ forged by George Bush and Tony Blair over the Iraq War.The damning memo, from secretary of state Colin Powell to president George Bush, was written on March 28, 2002, a week before Bush’s famous summit with Blair at his Crawford ranch in Texas.The Powell document, headed ‘Secret... Memorandum for the President’, lifts the lid on how Blair and Bush secretly plotted the war behind closed doors at Crawford. In it, Powell tells Bush that Blair ‘will be with us’ on military action. Powell assures the president: ‘The UK will follow our lead’.The classified document also discloses that Blair agreed to act as a glorified spin doctor for the president by presenting ‘public affairs lines’ to convince a skeptical public that Saddam had Weapons of Mass Destruction - when none existed.In return, the president would flatter Blair’s ego and give the impression that Britain was not America’s poodle but an equal partner in the ‘special relationship’. 
  • The sensational leak shows that Blair had given an unqualified pledge to sign up to the conflict a year before the invasion started.It flies in the face of the UK Prime Minister’s public claims at the time that he was seeking a diplomatic solution to the crisis.He told voters: ‘We’re not proposing military action’ - in direct contrast to what the secret email now reveals. 
  • The disclosure is certain to lead for calls for Sir John Chilcot to reopen his inquiry into the Iraq War if, as is believed, he has not seen the Powell memo.A second explosive memo from the same cache also reveals how Bush used ‘spies’ in the Labour Party to help him to manipulate British public opinion in favor of the war.The documents, obtained by The Mail on Sunday, are part of a batch of secret emails held on the private server of Democratic presidential candidate Hillary Clinton which U.S. courts have forced her to reveal.Former UK Conservative shadow home secretary David Davis said: ‘The memos prove in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a frontman for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.
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  • ‘He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it. And in return for what?'For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves’.Davis was backed by a senior diplomat with close knowledge of Blair-Bush relations who said: ‘This memo shows beyond doubt for the first time Blair was committed to the Iraq War before he even set foot in Crawford.'And it shows how the Americans planned to make Blair look an equal partner in the special relationship to bolster his position in the UK.’Blair’s spokesman insisted last night that Powell’s memo was ‘consistent with what he was saying publicly at the time’.The former Prime Minister has always hotly denied the claim that the two men signed a deal ‘in blood’ at Crawford to embark on the war, which started on March 20, 2003. Powell says to Bush: ‘He will present to you the strategic, tactical and public affairs lines that he believes will strengthen global support for our common cause,’ adding that Blair has the presentational skills to ‘make a credible public case on current Iraqi threats to international peace’.Five months after the summit, Downing Street produced the notorious ‘45 minutes from doom’ dossier on Saddam Hussein’s supposed Weapons of Mass Destruction. After Saddam was toppled, the dossier’s claims were exposed as bogus.Nowhere in the memo is a diplomatic route suggested as the preferred option.
  • Instead, Powell says that Blair will also advise on how to ‘handle calls’ for the ‘blessing’ of the United Nations Security Council, and to ‘demonstrate that we have thought through “the day after” ’ – in other words, made adequate provision for a post-Saddam Iraq.Critics of the war say that the lack of post-conflict planning has contributed to the loss of more than 100,000 lives since the invasion – and a power vacuum which has contributed to the rise of Islamic State terrorism.Significantly, Powell warns Bush that Blair has hit ‘domestic turbulence’ for being ‘too pro-U.S. in foreign and security policy, too arrogant and “presidential” ’, which Powell points out is ‘not a compliment in the British context’.Powell also reveals that the splits in Blair’s Cabinet were deeper than was realized: he says that apart from Foreign Secretary Jack Straw and Defence Secretary Geoff Hoon, ‘Blair’s Cabinet shows signs of division, and the British public are unconvinced that military action is warranted now’.Powell says that although Blair will ‘stick with us on the big issues’, he wants to minimisze the ‘political price’ he would have to pay: ‘His voters will look for signs that Britain and America are truly equity partners in the special relationship.’The president certainly did his best to flatter Blair’s ego during the Crawford summit, where he was the first world leader to be invited into Bush’s sanctuary for two nights.
  • Mystery has long surrounded what was discussed at Crawford as advisers were kept out of a key meeting between the two men.Sir Christopher Meyer, who was present in Crawford as Britain’s ambassador to the U.S., told Chilcot that his exclusion meant he was ‘not entirely clear to this day... what degree of convergence was, if you like, signed in blood at the Crawford ranch’.But in public comments during his time at Crawford, Blair denied that Britain was on an unstoppable path to war.‘This is a matter for considering all the options’, he said. ‘We’re not proposing military action at this point in time’.
  • During his appearance before the Chilcot inquiry in January 2010, Blair denied that he had struck a secret deal with Bush at Crawford to overthrow Saddam. Blair said the two men had agreed on the need to confront the Iraqi dictator, but insisted they did not get into ‘specifics’.‘The one thing I was not doing was dissembling in that position,’ he told Chilcot.‘The position was not a covert position, it was an open position. This isn’t about a lie or a conspiracy or a deceit or a deception. It’s a decision. What I was saying... was “We are going to be with you in confronting and dealing with this threat.” ’Pressed on what he thought Bush took from their meeting, he said the president had realized Britain would support military action if the diplomatic route had been exhausted.In his memoirs, Blair again said it was ‘a myth’ he had signed a promise ‘in blood’ to go to war, insisting: ‘I made no such commitment’.Critics who claimed that Blair acted as the ‘poodle’ of the US will point to a reference in Mr Powell’s memo to the fact Mr Blair ‘readily committed to deploy 1,700 commandos’ to Afghanistan ‘even though his experts warn that British forces are overstretched’.The decision made the previous October in the wake of the September 11 attacks led to widespread concern that the UK was entering an open-ended commitment to a bloody conflict in Afghanistan – a concern many critics now say was well-founded.
  • Mr Powell’s memo goes on to say that a recent move by the U.S. to protect its steel industry with tariffs, which had damaged UK exports, was a ‘bitter blow’ for Blair, but he was prepared to ‘insulate our broader relationship from this and other trade disputes’.The memo was included in a batch of 30,000 emails which were received by Mrs Clinton on her private server when she was US Secretary of State between 2009 and 2013.Another document included in the email batch is a confidential briefing for Powell prepared by the U.S. Embassy in London, shortly before the Crawford summit.The memo, dated ‘April 02’, includes a detailed assessment of the effect on Blair’s domestic position if he backs US military action.The document says: ‘A sizeable number of his [Blair’s] MPs remain at present opposed to military action against Iraq... some would favor shifting from a policy of containment of Iraq if they had recent (and publicly usable) proof that Iraq is developing WMD/missiles... most seem to want some sort of UN endorsement for military action.‘Blair’s challenge now is to judge the timing and evolution of America’s Iraq policy and to bring his party and the British people on board.'There have been a few speculative pieces in the more feverish press about Labor [sic] unease re Iraq policy… which have gone on to identify the beginnings of a challenge to Blair’s leadership of the party.
  • 'Former Cabinet member Peter Mandelson, still an insider, called it all "froth". Nonetheless, this is the first time since the 1997 election that such a story is even being printed’.The paper draws on information given to it by Labour ‘spies’, whose identities have been hidden.It states: ‘[name redacted] told us the intention of those feeding the story is not to bring down Blair but to influence him on the Iraq issue’.‘Some MPs would endorse action if they had proof that Iraq has continued to develop WMD since UN inspectors left.‘More would follow if convinced that Iraq has succeeded in developing significant WMD capability and the missiles to deliver it.'Many more would follow if they see compelling evidence that Iraq intends and plans to use such weapons. A clear majority would support military action if Saddam is implicated in the 9/11 attacks or other egregious acts of terrorism’.‘Blair has proved an excellent judge of political timing, and he will need to be especially careful about when to launch a ramped-up campaign to build support for action against Iraq.'He will want neither to be too far in front or behind US policy... if he waits too long, then the keystone of any coalition we wish to build may not be firmly in place. No doubt these are the calculations that Blair hopes to firm up when he meets the President’.A spokesperson for Blair said: ‘This is consistent with what Blair was saying publicly at the time and with Blair’s evidence given to the Chilcot Inquiry’.
  • Stunning memo proves Blair signed up for Iraq even before Americans - comment by former shadow home secretary David DavisThis is one of the most astonishing documents I have ever read.It proves in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a front man for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it.And in return for what? For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves.Blair was content to cynically use Britain’s international reputation for honest dealing in diplomacy, built up over many years, as a shield against worldwide opprobrium for Bush’s ill-considered policy.Judging from this memorandum, Blair signed up for the Iraq War even before the Americans themselves did. It beggars belief.
  • Blair was telling MPs and voters back home that he was still pursuing a diplomatic solution while Colin Powell was telling President Bush: ‘Don’t worry, George, Tony is signed up for the war come what may – he’ll handle the PR for you, just make him look big in return.’It should never be forgotten that a minimum of 120,000 people died as a direct result of the Iraq War.What is truly shocking is the casualness of it all, such as the reference in the memo to ‘the day after’ – meaning the day after Saddam would be toppled.The offhand tone gives the game away: it is patently obvious nobody thought about ‘the day after’ when Bush and Blair met in Crawford.And they gave it no more thought right through to the moment ‘the day after’ came about a year later when Saddam’s statue fell to the ground.We saw the catastrophic so-called ‘de-Baathification’ of Iraq, with the country’s entire civil and military structure dismantled, leading to years of bloodshed and chaos. It has infected surrounding countries to this day and created the vacuum into which Islamic State has stepped.This may well be the Iraq ‘smoking gun’ we have all been looking for.
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
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    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Paul Merrell

How 'Free Markets' Defame 'Democracy' | Consortiumnews - 0 views

  • Venezuela seems to be following Ukraine on the neocon hit list for “regime change” as Washington punishes Caracas for acting against a perceived coup threat. But a broader problem is how the U.S. conflates “free markets” with “democracy,” giving “democracy” a bad name, writes Robert Parry.
  • The one common thread in modern U.S. foreign policy is an insistence on “free market” solutions to the world’s problems. That is, unless you’re lucky enough to live in a First World ally of the United States or your country is too big to bully.So, if you’re in France or Canada or – for that matter – China, you can have generous health and educational services and build a modern infrastructure. But if you’re a Third World country or otherwise vulnerable – like, say, Ukraine or Venezuela – Official Washington insists that you shred your social safety net and give free reign to private investors.
  • If you’re good and accept this “free market” domination, you become, by the U.S. definition, a “democracy” – even if doing so goes against the wishes of most of your citizens. In other words, it doesn’t matter what most voters want; they must accept the “magic of the market” to be deemed a “democracy.”Thus, in today’s U.S. parlance, “democracy” has come to mean almost the opposite of what it classically meant. Rather than rule by a majority of the people, you have rule by “the market,” which usually translates into rule by local oligarchs, rich foreigners and global banks.Governments that don’t follow these rules – by instead shaping their societies to address the needs of average citizens – are deemed “not free,” thus making them targets of U.S.-funded “non-governmental organizations,” which train activists, pay journalists and coordinate business groups to organize an opposition to get rid of these “un-democratic” governments.
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  • If a leader seeks to defend his or her nation’s sovereignty by such means as requiring these NGOs to register as “foreign agents,” the offending government is accused of violating “human rights” and becomes a candidate for more aggressive “regime change.”Currently, one of the big U.S. complaints against Russia is that it requires foreign-funded NGOs that seek to influence policy decisions to register as “foreign agents.” The New York Times and other Western publications have cited this 2012 law as proof that Russia has become a dictatorship, while ignoring the fact that the Russians modeled their legislation after a U.S. law known as the “Foreign Agent Registration Act.”So, it’s okay for the U.S. to label people who are paid by foreign entities to influence U.S. policies as “foreign agents” – and to imprison people who fail to register – but not for Russia to do the same. A number of these NGOs in Russia and elsewhere also are not “independent” entities but instead are financed by the U.S.-funded National Endowment for Democracy (NED) and the U.S. Agency for International Development.
  • There is even a circular element to this U.S. complaint. Leading the denunciation of Russia and other governments that restrain these U.S.-financed NGOs is Freedom House, which marks down countries on its “freedom index” when they balk at letting in this back-door U.S. influence. However, over the past three decades, Freedom House has become essentially a subsidiary of NED, a bought-and-paid-for NGO itself.
  • That takeover began in earnest in 1983 when CIA Director William Casey was focused on creating a funding mechanism to support Freedom House and other outside groups that would engage in propaganda and political action that the CIA had historically organized and financed covertly. Casey helped shape the plan for a congressionally funded entity that would serve as a conduit for this U.S. government money.But Casey recognized the need to hide the CIA’s strings. “Obviously we here [at CIA] should not get out front in the development of such an organization, nor should we appear to be a sponsor or advocate,” Casey said in one undated letter to then-White House counselor Edwin Meese III – as Casey urged creation of a “National Endowment.” [See Consortiumnews.com’s “CIA’s Hidden Hand in ‘Democracy’ Groups.”]Casey’s planning led to the 1983 creation of NED, which was put under the control of neoconservative Carl Gershman, who remains in charge to this day. Gershman’s NED now distributes more than $100 million a year, which included financing scores of activists, journalists and other groups inside Ukraine before last year’s coup and now pays for dozens of projects in Venezuela, the new emerging target for “regime change.”
  • But NED’s cash is only a part of how the U.S. government manipulates events in vulnerable countries. In Ukraine, prior to the February 2014 coup, neocon Assistant Secretary of State Victoria Nuland reminded Ukrainian business leaders that the United States had invested $5 billion in their “European aspirations.”Nuland then handpicked who would be the new leadership, telling U.S. Ambassador Geoffrey Pyatt that “Yats is the guy,” referring to “free market” politician Arseniy Yatsenyuk, who not surprisingly emerged as the new prime minister after a violent coup ousted elected President Viktor Yanukovych on Feb. 22, 2014.The coup also started a civil war that has claimed more than 6,000 lives, mostly ethnic Russians in eastern Ukraine who had supported Yanukovych and were targeted for a ruthless “anti-terrorist operation” spearheaded by neo-Nazi and other far-right militias dispatched by the U.S.-backed regime in Kiev. But Nuland blames everything on Russia’s President Vladimir Putin. [See Consortiumnews.com’s “Nuland’s Mastery of Ukraine Propaganda.”]On top of Ukraine’s horrific death toll, the country’s economy has largely collapsed, but Nuland, Yatsenyuk and other free-marketeers have devised a solution, in line with the wishes of the Washington-based International Monetary Fund: Austerity for the average Ukrainian.
  • Before the Senate Foreign Relations Committee on Tuesday, Nuland hailed “reforms” to turn Ukraine into a “free-market state,” including decisions “to reduce and cap pension benefits, increase work requirements and phase in a higher retirement age; … [and] cutting wasteful gas subsidies.”In other words, these “reforms” are designed to make the hard lives of average Ukrainians even harder – by slashing pensions, removing work protections, forcing people to work into their old age and making them pay more for heat during the winter.‘Sharing’ the Wealth In exchange for those “reforms,” the IMF approved $17.5 billion in aid that will be handled by Ukraine’s Finance Minister Natalie Jaresko, who until last December was a former U.S. diplomat responsible for a U.S. taxpayer-financed $150 million investment fund for Ukraine that was drained of money as she engaged in lucrative insider deals – deals that she has fought to keep secret. Now, Ms. Jaresko and her cronies will get a chance to be the caretakers of more than 100 times more money. [See Consortiumnews.com’s “Ukraine’s Finance Minister’s American ‘Values.’”]
  • Other prominent Americans have been circling around Ukraine’s “democratic” opportunities. For instance, Vice President Joe Biden’s son Hunter was named to the board of directors of Burisma Holdings, Ukraine’s largest private gas firm, a shadowy Cyprus-based company linked to Privat Bank.Privat Bank is controlled by the thuggish billionaire oligarch Ihor Kolomoysky, who was appointed by the Kiev regime to be governor of Dnipropetrovsk Oblast, a south-central province of Ukraine. In this tribute to “democracy,” the U.S.-backed Ukrainian authorities gave an oligarch his own province to rule. Kolomoysky also has helped finance paramilitary forces killing ethnic Russians in eastern Ukraine.Burisma has been lining up well-connected American lobbyists, too, some with ties to Secretary of State John Kerry, including Kerry’s former Senate chief of staff David Leiter, according to lobbying disclosures.As Time magazine reported, “Leiter’s involvement in the firm rounds out a power-packed team of politically-connected Americans that also includes a second new board member, Devon Archer, a Democratic bundler and former adviser to John Kerry’s 2004 presidential campaign. Both Archer and Hunter Biden have worked as business partners with Kerry’s son-in-law, Christopher Heinz, the founding partner of Rosemont Capital, a private-equity company.” [See Consortiumnews.com’s “The Whys Behind the Ukraine Crisis.”]
Paul Merrell

Responding to Failure: Reorganizing U.S. Policies in the Middle East | Middle East Poli... - 0 views

  • I want to speak with you today about the Middle East. This is the region where Africa, Asia, and Europe come together. It is also the part of the world where we have been most compellingly reminded that some struggles cannot be won, but there are no struggles that cannot be lost. It is often said that human beings learn little useful from success but can learn a great deal from defeat. If so, the Middle East now offers a remarkably rich menu of foreign-policy failures for Americans to study. • Our four-decade-long diplomatic effort to bring peace to the Holy Land sputtered to an ignominious conclusion a year ago. • Our unconditional political, economic, and military backing of Israel has earned us the enmity of Israel’s enemies even as it has enabled egregiously contemptuous expressions of ingratitude and disrespect for us from Israel itself.
  • • Our attempts to contain the Iranian revolution have instead empowered it. • Our military campaigns to pacify the region have destabilized it, dismantled its states, and ignited ferocious wars of religion among its peoples. • Our efforts to democratize Arab societies have helped to produce anarchy, terrorism, dictatorship, or an indecisive juxtaposition of all three. • In Iraq, Libya, and Syria we have shown that war does not decide who’s right so much as determine who’s left. • Our campaign against terrorism with global reach has multiplied our enemies and continuously expanded their areas of operation. • Our opposition to nuclear proliferation did not prevent Israel from clandestinely developing nuclear weapons and related delivery systems and may not preclude Iran and others from following suit.
  • • At the global level, our policies in the Middle East have damaged our prestige, weakened our alliances, and gained us a reputation for militaristic fecklessness in the conduct of our foreign affairs. They have also distracted us from challenges elsewhere of equal or greater importance to our national interests. That’s quite a record.
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  • One can only measure success or failure by reference to what one is trying achieve. So, in practice, what have U.S. objectives been? Are these objectives still valid? If we’ve failed to advance them, what went wrong? What must we do now to have a better chance of success? Our objectives in the Middle East have not changed much over the course of the past half century or more. We have sought to 1. Gain acceptance and security for a Jewish homeland from the other states and peoples of the region; 2. Ensure the uninterrupted availability of the region’s energy supplies to sustain global and U.S. security and prosperity; 3. Preserve our ability to transit the region so as to be able to project power around the world; 4. Prevent the rise of a regional hegemon or the deployment of weapons of mass destruction that might threaten any or all of these first three objectives; 5. Maximize profitable commerce; and 6. Promote stability while enhancing respect for human rights and progress toward constitutional democracy. Let’s briefly review what’s happened with respect to each of these objectives. I will not mince words.
  • Israel has come to enjoy military supremacy but it remains excluded from most participation in its region’s political, economic, and cultural life. In the 67 years since the Jewish state was proclaimed, Israel has not made a single friend in the Middle East, where it continues to be regarded as an illegitimate legacy of Western imperialism engaged in racist removal of the indigenous population. International support for Israel is down to the United States and a few of the former colonial powers that originally imposed the Zionist project on the Arabs under Sykes-Picot and the related Balfour Declaration. The two-state solution has expired as a physical or political possibility. There is no longer any peace process to distract global attention from Israel’s maltreatment of its captive Arab populations. After years of deference to American diplomacy, the Palestinians are about to challenge the legality of Israel’s cruelties to them in the International Criminal Court and other venues in which Americans have no veto, are not present, or cannot protect the Jewish state from the consequences of its own behavior as we have always been able to do in the past. Israel’s ongoing occupation of the West Bank and siege of Gaza are fueling a drive to boycott its products, disinvest in its companies, and sanction its political and cultural elite. These trends are the very opposite of what the United States has attempted to achieve for Israel.
  • In a stunning demonstration of his country’s most famous renewable resource — chutzpah — Israel’s Prime Minister chose this very moment to make America the main issue in his reelection campaign while simultaneously transforming Israel into a partisan issue in the United States. This is the very opposite of a sound survival strategy for Israel. Uncertainties about their country’s future are leading many Israelis to emigrate, not just to America but to Europe. This should disturb not just Israelis but Americans, if only because of the enormous investment we have made in attempts to gain a secure place for Israel in its region and the world. The Palestinians have been silent about Mr. Netanyahu’s recent political maneuvers. Evidently, they recall Napoleon’s adage that one should never interrupt an enemy when he is making a mistake. This brings me to an awkward but transcendently important issue. Israel was established as a haven from anti-Semitism — Jew hatred — in Europe, a disease of nationalism and Christian culture that culminated in the Holocaust. Israel’s creation was a relief for European Jews but a disaster for the Arabs of Palestine, who were either ethnically cleansed by European Jewish settlers or subjugated, or both.  But the birth of Israel also proved tragic for Jews throughout the Middle East — the Mizrahim. In a nasty irony, the implementation of Zionism in the Holy Land led to the introduction of European-style anti-Semitism — including its classic Christian libels on Jews — to the region, dividing Arab Jews from their Muslim neighbors as never before and compelling them to join European Jews in taking refuge in Israel amidst outrage over the dispossession of Palestinians from their homeland. Now, in a further irony, Israel’s pogroms and other injustices to the Muslim and Christian Arabs over whom it rules are leading not just to a rebirth of anti-Semitism in Europe but to its globalization.
  • The late King `Abdullah of Saudi Arabia engineered a reversal of decades of Arab rejectionism at Beirut in 2002. He brought all Arab countries and later all 57 Muslim countries to agree to normalize relations with Israel if it did a deal — any deal — with the Palestinians that the latter could accept. Israel spurned the offer. Its working assumption seems to be that it does not need peace with its neighbors as long as it can bomb and strafe them. Proceeding on this basis is not just a bad bet, it is one that is dividing Israel from the world, including Jews outside Israel. This does not look like a story with a happy ending. It’s hard to avoid the thought that Zionism is turning out to be bad for the Jews. If so, given the American investment in it, it will also have turned out to be bad for America. The political costs to America of support for Israel are steadily rising. We must find a way to divert Israel from the largely self-engineered isolation into which it is driving itself, while repairing our own increasing international ostracism on issues related to Israel.  
  • Despite Mr. Netanyahu’s recent public hysteria about Iran and his efforts to demonize it, Israel has traditionally seen Iran’s rivalry with the Arabs as a strategic asset. It had a very cooperative relationship with the Shah. Neither Israelis nor Arabs have forgotten the strategic logic that produced Israel's entente with Iran. Israel is very much on Daesh’s list of targets, as is Iran. For now, however, Israel’s main concern is the possible loss of its nuclear monopoly in the Middle East. Many years ago, Israel actually did what it now accuses Iran of planning to do. It clandestinely developed nuclear weapons while denying to us and others that it was doing so. Unlike Iran, Israel has not adhered to the Nuclear Non-Proliferation Treaty or subjected its nuclear facilities to international inspection. It has expressed no interest in proposals for a nuclear-free zone in the Middle East. It sees its ability to bring on nuclear Armageddon as the ultimate guarantee of its existence.
  • To many, Israel now seems to have acquired the obnoxious habit of biting the American hand that has fed it for so long. The Palestinians have despaired of American support for their self-determination. They are reaching out to the international community in ways that deliberately bypass the United States. Random acts of violence herald mayhem in the Holy Land. Daesh has proclaimed the objective of erasing the Sykes-Picot borders and the states within them. It has already expunged the border between Iraq and Syria. It is at work in Lebanon and has set its sights on Jordan, Palestine, and Israel. Lebanon, under Saudi influence, has turned to France rather than America for support. Hezbollah has intervened militarily in Iraq and Syria, both of whose governments are close to Iran. Egypt and Turkey have distanced themselves from the United States as well as from each other. Russia is back as a regional actor and arms supplier. The Gulf Arabs, Egypt, and Turkey now separately intervene in Libya, Syria, and Iraq without reference to American policy or views. Iran is the dominant influence in Iraq, Syria, parts of Lebanon, and now Yemen. It has boots on the ground in Iraq. And now Saudi Arabia seems to be organizing a coalition that will manage its own nuclear deterrence and military balancing of Ir
  • To describe this as out of control is hardly adequate. What are we to do about it? Perhaps we should start by recalling the first law of holes — “when stuck in one, stop digging.” It appears that “don’t just sit there, bomb something” isn’t much of a strategy. When he was asked last summer what our strategy for dealing with Daesh was, President Obama replied, “We don’t yet have one.” He was widely derided for that. He should have been praised for making the novel suggestion that before Washington acts, it should first think through what it hopes to accomplish and how best to do it. Sunzi once observed that “tactics without strategy is the noise before defeat." America’s noisy but strategy-free approach to the Middle East has proven him right. Again the starting point must be what we are trying to accomplish. Strategy is "the discipline of achieving desired ends through the most efficient use of available means" [John Lewis Gaddis].Our desired ends with respect to the Middle East are not in doubt. They have been and remain to gain an accepted and therefore secure place for Israel there; to keep the region's oil and gas coming at reasonable prices; to be able to pass through the area at will; to head off challenges to these interests; to do profitable business in the markets of the Middle East; and to promote stability amidst the expansion of liberty in its countries. Judging by results, we have been doing a lot wrong. Two related problems in our overall approach need correction. They are “enablement” and the creation of “moral hazard.” Both are fall-out from  relationships of codependency.
  • Enablement occurs when one party to a relationship indulges or supports and thereby enables another party’s dysfunctional behavior. A familiar example from ordinary life is giving money to a drunk or a drug addict or ignoring, explaining away, or defending their subsequent self-destructive behavior.  Moral hazard is the condition that obtains when one party is emboldened to take risks it would not otherwise take because it knows another party will shoulder the consequences and bear the costs of failure. The U.S.-Israel relationship has evolved to exemplify codependency. It now embodies both enablement and moral hazard. U.S. support for Israel is unconditional.  Israel has therefore had no need to cultivate relations with others in the Middle East, to declare its borders, or to choose peace over continued expansion into formerly Arab lands. Confidence in U.S. backing enables Israel to do whatever it likes to the Palestinians and its neighbors without having to worry about the consequences. Israel is now a rich country, but the United States continues to subsidize it with cash transfers and other fiscal privileges. The Jewish state is the most powerful country in the Middle East. It can launch attacks on its neighbors, confident that it will be resupplied by the United States. Its use of U.S. weapons in ways that violate both U.S. and international law goes unrebuked. 41 American vetoes in the United Nations Security Council have exempted Israel from censure and international law. We enable it to defy the expressed will of the international community, including, ironically, our own.
  • We Americans are facilitating Israel's indulgence in denial and avoidance of the choices it must make if it is not to jeopardize its long-term existence as a state in the Middle East. The biggest contribution we could now make to Israel's longevity would be to ration our support for it, so as to cause it to rethink and reform its often self-destructive behavior. Such peace as Israel now enjoys with Egypt, Jordan, and the Palestinians is the direct result of tough love of this kind by earlier American administrations. We Americans cannot save Israel from itself, but we can avoid killing it with uncritical kindness. We should support Israel when it makes sense to do so and it needs our support on specific issues, but not otherwise. Israel is placing itself and American interests in jeopardy. We need to discuss how to reverse this dynamic.
  • Moral hazard has also been a major problem in our relationship with our Arab partners. Why should they play an active role in countering the threat to them they perceive from Iran, if they can get America to do this for them? Similarly, why should any Muslim country rearrange its priorities to deal with Muslim renegades like Daesh when it can count on America to act for it? If America thinks it must lead, why not let it do so? But responsible foreign and defense policies begin with self-help, not outsourcing of military risks. The United States has the power-projection and war-fighting capabilities to back a Saudi-led coalition effort against Daesh. The Saudis have the religious and political credibility, leadership credentials, and diplomatic connections to organize such an effort. We do not. Since this century began, America has administered multiple disappointments to its allies and friends in the Middle East, while empowering their and our adversaries. Unlike the Gulf Arabs, Egypt, and Turkey, Washington does not have diplomatic relations with Tehran. Given our non-Muslim identity, solidarity with Israel, and recent history in the Fertile Crescent, the United States cannot hope to unite the region’s Muslims against Daesh.  Daesh is an insurgency that claims to exemplify Islam as well as a governing structure and an armed force. A coalition led by inhibited foreign forces, built on papered-over differences, and embodying hedged commitments will not defeat such an insurgency with or without boots on the ground.
  • When elections have yielded governments whose policies we oppose, we have not hesitated to conspire with their opponents to overthrow them. But the results of our efforts to coerce political change in the Middle East are not just failures but catastrophic failures. Our policies have nowhere produced democracy. They have instead contrived the destabilization of societies, the kindling of religious warfare, and the installation of dictatorships contemptuous of the rights of religious and ethnic minorities. Frankly, we have done a lot better at selling things, including armaments, to the region than we have at transplanting the ideals of the Atlantic Enlightenment there. The region’s autocrats cooperate with us to secure our protection, and they get it. When they are nonetheless overthrown, the result is not democracy or the rule of law but socio-political collapse and the emergence of  a Hobbesian state of nature in which religious and ethnic communities, families, and individuals are able to feel safe only when they are armed and have the drop on each other. Where we have engineered or attempted to engineer regime change, violent politics, partition, and ethno-religious cleansing have everywhere succeeded unjust but tranquil order. One result of our bungled interventions in Iraq and Syria is the rise of Daesh. This is yet another illustration that, in our efforts to do good in the Middle East, we have violated the principle that one should first do no harm.
  • Americans used to believe that we could best lead by example. We and those in the Middle East seeking nonviolent change would all be better off if America returned to that tradition and forswore ideologically motivated hectoring and intervention. No one willingly follows a wagging finger. Despite our unparalleled ability to use force against foreigners, the best way to inspire them to emulate us remains showing them that we have our act together. At the moment, we do not. In the end, to cure the dysfunction in our policies toward the Middle East, it comes down to this. We must cure the dysfunction and venality of our politics. If we cannot, we have no business trying to use an 8,000-mile-long screwdriver to fix things one-third of the way around the world. That doesn’t work well under the best of circumstances. But when the country wielding the screwdriver has very little idea what it’s doing, it really screws things up.
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    Chas Freeman served as US ambassador to Saudi Arabia during the war to liberate Kuwait and as Assistant Secretary of Defense from 1993-94. He was the editor of the Encyclopedia Britannica entry on "diplomacy" and is the author of five books, including "America's Misadventures in the Middle East" and "Interesting Times: China, America, and the Shifting Balance of Prestige."  I have largely omitted highlighting portions of the speech dealing with Muslim nations because Freeman has apparently lost touch with the actual U.S., Saudi, UAE, Kuwait, and Turish roles in creating and expanding ISIL. But his analysis of Israel's situation and recommendations for curing it seem quite valid, as well as his overall Mideast recommendation to heed the First Law of Holes: "when stuck in one, stop digging."   I recommend reading the entire speech notwithstanding his misunderstanding of ISIL. There is a lot of very important history there ably summarized.
Paul Merrell

Clinton Foundation's Deep Financial Ties to Ukrainian Oligarch Revealed | Global Research - 0 views

  • Fortunately, I did decide to take a look and pretty soon my jaw absolutely hit the floor. Although the Wall Street Journal didn’t play up the connection, I was stunned to see that of all the oligarchs connected to foreign governments who donated to the Clinton Foundation while she was Secretary of State, Ukraine was at the very top. I thought this to be strange, but as I read on I just couldn’t believe how connected the main donor was to the current regime in power. Considering this is the main geopolitical hotspot on earth right now, many, many questions need to be asked.
  • Let’s also recall some of the more shady aspects of the new government in Ukraine by taking a look back at the post, Made in the USA – How the Ukrainian Government is Giving Away Citizenships so Foreigners Can Run the Country [17]. Here are a few excerpts:
  • Claims that the new government in Ukraine is nothing more than a Western puppet Parliament have been swirling around consistently since February. Nevertheless, I think it’s very significant that the takeover is now overt, undeniable and completely out in the open. Nothing proves this fact more clearly than the recent and sudden granting of citizenship to three foreigners so that they can take top posts in the government. At the top of the list is American, Natalie Jaresko, who runs private equity fund Horizon Capital. She will now be Ukraine’s Finance Minister, and I highly doubt she will be forced to pay the IRS Expatriation Tax [18] (one set of laws for the rich and powerful, another set of laws for the peasants). For Economy Minister, a Lithuanian investment banker, Aivaras Abromavicius, will take the reins. Health Minister will be Alexander Kvitashvili of Georgia. Now read the following from the WSJ [14]:
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  • The Clinton Foundation swore off donations from foreign governments when Hillary Clinton was secretary of state. That didn’t stop the foundation from raising millions of dollars from foreigners with connections to their home governments, a review of foundation disclosures shows. Some donors have direct ties to foreign governments. One is a member of the Saudi royal family. Another is a Ukrainian oligarch and former parliamentarian. Others are individuals with close connections to foreign governments that stem from their business activities. Their professed policy interests range from human rights to U.S.-Cuba relations. All told, more than a dozen foreign individuals and their foundations and companies were large donors to the Clinton Foundation in the years after Mrs. Clinton became secretary of state in 2009, collectively giving between $34 million and $68 million, foundation records show. Some donors also provided funding directly to charitable projects sponsored by the foundation, valued by the organization at $60 million.
  • Former President Bill Clinton promised the Obama administration the foundation wouldn’t accept most foreign-government donations while his wife was secretary of state. The agreement didn’t place limits on donations from foreign individuals or corporations. Between 2009 and 2013, including when Mrs. Clinton was secretary of state, the Clinton Foundation received at least $8.6 million from the Victor Pinchuk Foundation, according to that foundation, which is based in Kiev, Ukraine. It was created by Mr. Pinchuk, whose fortune stems from a pipe-making company. He served two terms as an elected member of the Ukrainian Parliament and is a proponent of closer ties between Ukraine and the European Union. In 2008, Mr. Pinchuk made a five-year, $29 million commitment to the Clinton Global Initiative, a wing of the foundation that coordinates charitable projects and funding for them but doesn’t handle the money. The pledge was to fund a program to train future Ukrainian leaders and professionals “to modernize Ukraine,” according to the Clinton Foundation. Several alumni are current members of the Ukrainian Parliament. Actual donations so far amount to only $1.8 million, a Pinchuk foundation spokesman said, citing the impact of the 2008 financial crisis. During Mrs. Clinton’s time at the State Department, Mr. Schoen, the pollster, registered as a lobbyist for Mr. Pinchuk, federal records show. Mr. Schoen said he and Mr. Pinchuk met several times with Clinton aides including Melanne Verveer, a Ukrainian-American and then a State Department ambassador-at-large for global women’s issues. The purpose, Mr. Schoen said, was to encourage the U.S. to pressure Ukraine’s then-President Viktor Yanukovych to free his jailed predecessor, Yulia Tymoshenko.
  • Mr. Schoen said his lobbying was unrelated to the donations. “We were not seeking to use any leverage or any connections or anything of the sort relating to the foundation,” he said. Please Schoen, don’t piss on my leg and tell me it’s raining.
Paul Merrell

Top War Crimes Diplomat Stepping Down | Foreign Policy - 0 views

  • destruction, and U.S. counterterrorism strategy. Lynch's enterprise reporting has explored the underside of international diplomacy. His investigations have uncovered a U.S. spying operation in Iraq, Dick Cheney's former company's financial links to Saddam Hussein, and documented numerous sexual misconduct and corruption scandals. Lynch has appeared frequently on the Lehrer News Hour, MSNBC, NPR radio, and the BBC. He has also moderated public discussions on foreign policy, including interviews with Susan E. Rice, the U.S. National Security Advisor, Gerard Araud, France's U.N. ambassador, and other senior diplomatic leaders. Born in Los Angeles, California, Lynch received a bachelor's degree from the University of California, Berkeley, in 1985 and a master's degree from Columbia University's Graduate School of Journalism in 1987. He previously worked for the Boston Globe. January 15, 2015 colum.lynch @columlynch Stephen J. Rapp, the U.S. ambassador at large for war crimes, is stepping down after five and a half years as the Obama administration’s point man for global prosecutions of the world’s most notorious war criminals
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    I'll add some comments here later. This is a very important event. Rapp resigned the day after this article. See https://news.yahoo.com/u-s--war-crimes-ambassador-stepping-down-in--frustration--194011155.html
Paul Merrell

The PJ Tatler » 'Vetted Moderate' Free Syrian Army Commander Admits Alliance ... - 0 views

  • As President Obama laid out his “strategy” last night for dealing with the Islamic State of Iraq and Syria (ISIS), and as bipartisan leadership in Congress pushes to approve as much as $4 billion to arm Syrian “rebels,” it should be noted that the keystone to his anti-Assad policy — the “vetted moderate” Free Syrian Army (FSA) — is now admitting that they, too, are working with the Islamic State. This confirms PJ Media’s reporting last week about the FSA’s alliances with Syrian terrorist groups. On Monday, the Daily Star in Lebanon quoted a FSA brigade commander saying that his forces were working with the Islamic State and Jabhat al-Nusra, al-Qaeda’s official Syrian affiliate — both U.S.-designated terrorist organizations — near the Syrian/Lebanon border. “We are collaborating with the Islamic State and the Nusra Front by attacking the Syrian Army’s gatherings in … Qalamoun,” said Bassel Idriss, the commander of an FSA-aligned rebel brigade. “We have reached a point where we have to collaborate with anyone against unfairness and injustice,” confirmed Abu Khaled, another FSA commander who lives in Arsal. “Let’s face it: The Nusra Front is the biggest power present right now in Qalamoun and we as FSA would collaborate on any mission they launch as long as it coincides with our values,” he added.
  • In my report last week I noted that buried in a New York Times article last month was a Syrian “rebel” commander quoted as saying that his forces were working with ISIS and Jabhat al-Nusra in raids along the border with Lebanon, including attacks on Lebanese forces. The Times article quickly tried to dismiss the commander’s statements, but the Daily Star article now confirms this alliance. Among the other pertinent points from that PJ Media article last week was that this time last year the bipartisan conventional wisdom amongst the foreign policy establishment was that the bulk of the Syrian rebel forces were moderates, a fiction refuted by a Rand Corporation study published last September that found nearly half of the Syrian “rebels” were jihadists or hard-core Islamists.
  • Another relevant phenomenon I noted was that multiple arms shipments from the U.S. to the “vetted moderate” FSA were suspiciously raided and confiscated by ISIS and Jabhat al-Nusra, prompting the Obama administration and the UK to suspend weapons shipments to the FSA last December. In April, the Obama administration again turned on the CIA weapons spigot to the FSA, and Obama began calling for an additional $500 million for the “vetted moderate rebels,” but by July the weapons provided to the FSA were yet again being raided and captured by ISIS and other terrorist groups. Remarkably, one Syrian dissident leader reportedly told Al-Quds al-Arabi that the FSA had lost $500 million worth of arms to rival “rebel” groups, much of which ended up being sold to unknown parties in Turkey and Iraq.
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  • As the Obama administration began to provide heavy weaponry to Harakat al-Hazm, the Washington Institute for Near East Policy published an analysis hailing Harakat Hazm as “rebels worth supporting,” going so far as to say that the group was “a model candidate for greater U.S. and allied support, including lethal military assistance.” That error was not as egregious as the appeal by three members of the DC foreign policy establishment “smart set” (including one former senior Bush administration National Security Council official) who argued in the pages of the January issue of Foreign Affairs for U.S. engagement with another Syrian “rebel” group, Ahrar al-Sham.
  • Earlier this week I reported on Harakat al-Hazm, which was the first of the “vetted moderates” to receive U.S. anti-tank weaponry earlier this year. Harakat al-Hazm is reportedly a front for the Muslim Brotherhood as well as Turkey and Qatar, its Islamist state sponsors. An L.A. Times article was published this past Sunday from the battle lines in Syria. The reporter recounted a discussion with two Harakat al-Hazm fighters who admitted, “But Nusra doesn’t fight us, we actually fight alongside them. We like Nusra.” Despite a claim by the L.A. Times that Harakat al-Hazm had released a statement of “rejection of all forms of cooperation and coordination” with al-Nusra Front, I published in my article earlier this week an alliance statement signed by both Jabhat al-Nusra and Harkat al-Hazm forging a joint front in Aleppo to prevent pro-Assad forces from retaking the town.
  • At the same time U.S.-provided FSA weapons caches were being mysteriously raided by ISIS and Jabhat al-Nusra, one of the senior FSA commanders in Eastern Syria, Saddam al-Jamal, defected to ISIS. In March, Jabhat al-Nusra joined forces with the FSA Liwa al-Ummah brigade to capture a Syrian army outpost in Idlib. Then in early July I reported on FSA brigades that had pledged allegiance to ISIS and surrendered their weapons after their announcement of the reestablishment of the caliphate. More recently, the FSA and Jabhat al-Nusra teamed up last month to capture the UN Golan Heights border crossing in Quneitra on the Syria/Israel border, taking UN peacekeepers hostage. But the Free Syrian Army is not the only U.S.-armed and trained “rebel” force in Syria that the Obama administration is having serious trouble keeping in the “vetted moderate” column.
  • At the time their article appeared, however, Ahrar al-Sham was led by one of al-Qaeda chief Ayman al-Zawahiri’s top lieutenants and former Bin Laden courier, Mohamed Bahaiah (aka Abu Khaled al-Suri). This is why the article was originally subtitled “An Al-Qaeda affiliate worth befriending.” Giving too much of the game away for non-Beltway types, that subtitle was quickly changed on the website to “An Al-Qaeda-linked group worth befriending.” That dream of “befriending al-Qaeda” was dealt a major blow earlier this week when a blast of unknown origin killed most of Ahrar al-Sham’s senior leadership. Bereft of leadership, many analysts have rightly expressed concern that the bulk of Ahrar al-Sham’s forces will now gravitate towards ISIS and other terrorist groups.
  • While a McClatchy article on the explosion laughably claimed that the dead Ahrar al-Sham’s leaders represented the group’s “moderate wing” who were trying to come under another fictional “vetted moderate” alliance to obtain the next anticipated flood of U.S. weapons, others have observed that tributes to the dead leaders have poured in from al-Qaeda leaders for their “moderate wing” allies. This is what the D.C. foreign policy establishment has reduced itself to when it comes to Syria — cozying up to al-Qaeda (or Iran and Assad) in the name of “countering violent extremism,” namely ISIS, and entertaining each other with cocktail party talk of “moderate wings” of al-Qaeda. As my colleague Stephen Coughlin observes, our bipartisan foreign policy establishment has created a bizarre language about Iraq and Afghanistan to avoid the stark reality that we lost both wars. This is the state American foreign policy finds itself in on the 13th anniversary of the 9/11 attacks by al-Qaeda.
  • As congressional Republicans and Democrats alike will undoubtedly rush in coming days to throw money at anyone the Obama administration deems “vetted moderates” to give the appearance of doing something in the absence of a sensible, reality-based strategy for understanding the actual dynamics at work in Syria and Iraq, an urgent reexamination of who the “vetted moderates” we’ve been financing, training and arming is long overdue. It is also essential to know to whom the State Department has contracted the “vetting.” This is especially true as ISIS leaders are openly bragging about widespread defections to ISIS amongst FSA forces that have been trained and armed by the U.S. Predictably, the usual suspects (John McCain and Lindsey Graham) who have been led wide-eyed around Syria by the “vetted moderate” merchants and have played the administration’s “yes men” for a fictional narrative that has never had any basis in reality will undoubtedly hector critics for not listening to their calls to back the “vetted moderate” rebels last year when they could have contained ISIS — an inherently false assumption. These usual suspects should be ashamed of their role in helping sell a fiction that has cost 200,000 Syrians their lives and millions more their homes while destabilizing the entire region. Shame, sadly, is a rare commodity in Washington, D.C.
  • Notwithstanding Obama’s siren call for immediate action, Congress should think long and hard before continuing to play along with the administration and D.C. foreign policy establishment’s “vetted moderate” fairy tale and devote themselves to some serious reflection and discussion on how we’ve arrived at this juncture where we are faced with nothing but horribly bad choices and how to start walking back from the precipice. As we remember the thousands lost on that terrible day thirteen years ago, truly honoring their memory deserves nothing less.
Paul Merrell

Tomgram: Patrick Cockburn, How to Ensure a Thriving Caliphate | TomDispatch - 0 views

  • Why Washington’s War on Terror Failed The Underrated Saudi Connection By Patrick Cockburn [This essay is excerpted from the first chapter of Patrick Cockburn’s new book, The Jihadis Return: ISIS and the New Sunni Uprising, with special thanks to his publisher, OR Books.  The first section is a new introduction written for TomDispatch.] There are extraordinary elements in the present U.S. policy in Iraq and Syria that are attracting surprisingly little attention. In Iraq, the U.S. is carrying out air strikes and sending in advisers and trainers to help beat back the advance of the Islamic State of Iraq and the Levant (better known as ISIS) on the Kurdish capital, Erbil. The U.S. would presumably do the same if ISIS surrounds or attacks Baghdad. But in Syria, Washington’s policy is the exact opposite: there the main opponent of ISIS is the Syrian government and the Syrian Kurds in their northern enclaves. Both are under attack from ISIS, which has taken about a third of the country, including most of its oil and gas production facilities.
  • But U.S., Western European, Saudi, and Arab Gulf policy is to overthrow President Bashar al-Assad, which happens to be the policy of ISIS and other jihadis in Syria. If Assad goes, then ISIS will be the beneficiary, since it is either defeating or absorbing the rest of the Syrian armed opposition. There is a pretense in Washington and elsewhere that there exists a “moderate” Syrian opposition being helped by the U.S., Qatar, Turkey, and the Saudis.  It is, however, weak and getting more so by the day. Soon the new caliphate may stretch from the Iranian border to the Mediterranean and the only force that can possibly stop this from happening is the Syrian army. The reality of U.S. policy is to support the government of Iraq, but not Syria, against ISIS. But one reason that group has been able to grow so strong in Iraq is that it can draw on its resources and fighters in Syria. Not everything that went wrong in Iraq was the fault of Prime Minister Nouri al-Maliki, as has now become the political and media consensus in the West. Iraqi politicians have been telling me for the last two years that foreign backing for the Sunni revolt in Syria would inevitably destabilize their country as well.  This has now happened.
  • By continuing these contradictory policies in two countries, the U.S. has ensured that ISIS can reinforce its fighters in Iraq from Syria and vice versa. So far, Washington has been successful in escaping blame for the rise of ISIS by putting all the blame on the Iraqi government. In fact, it has created a situation in which ISIS can survive and may well flourish.
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    Patrick Cockburn is a columnist with a long-time focus on the Mideast. In my opinion, his articles tend mightily to omit facts that might cause him to be viewed by western foreign policy establishments as "radical" or a "conspiracy theorist." So in this piece, we see Cockburn omitting crucial facts to allow him to employ a "never blame on conspiracy that which can be attributed to incompetence" view of U.S. policy in the Mideast. So this is a "doddering fools" over-simplistic view of U.S. policy on Iraq and Syria. An example: He portrays Al-Qaeda as "an idea rather than an organization and this has long been the case." That blithely shutters the eyes to the fact that "Al-Qaeda" translates literally as "the register" and in fact began as a Franco-U.S. registry of Islamic fighters willing to be deployed to Afghanistan to make war against its Soviet occupiers. Al-Qaeda in fact is a U.S. creation and the U.S. has been working hand-in-hand with various Al-Qaeda groups ever since.   But this Cockburn report is still damning in that he does identify some of the major defects in U.S. official propaganda.  
Paul Merrell

The Trans-Pacific Partnership and the Death of the Republic | WEB OF DEBT BLOG - 0 views

  • On April 22, 2015, the Senate Finance Committee approved a bill to fast-track the Trans-Pacific Partnership (TPP), a massive trade agreement that would override our republican form of government and hand judicial and legislative authority to a foreign three-person panel of corporate lawyers. The secretive TPP is an agreement with Mexico, Canada, Japan, Singapore and seven other countries that affects 40% of global markets. Fast-track authority could now go to the full Senate for a vote as early as next week. Fast-track means Congress will be prohibited from amending the trade deal, which will be put to a simple up or down majority vote. Negotiating the TPP in secret and fast-tracking it through Congress is considered necessary to secure its passage, since if the public had time to review its onerous provisions, opposition would mount and defeat it.
  • The most controversial provision of the TPP is the Investor-State Dispute Settlement (ISDS) section, which strengthens existing ISDS  procedures. ISDS first appeared in a bilateral trade agreement in 1959. According to The Economist, ISDS gives foreign firms a special right to apply to a secretive tribunal of highly paid corporate lawyers for compensation whenever the government passes a law to do things that hurt corporate profits — such things as discouraging smoking, protecting the environment or preventing a nuclear catastrophe. Arbitrators are paid $600-700 an hour, giving them little incentive to dismiss cases; and the secretive nature of the arbitration process and the lack of any requirement to consider precedent gives wide scope for creative judgments. To date, the highest ISDS award has been for $2.3 billion to Occidental Oil Company against the government of Ecuador over its termination of an oil-concession contract, this although the termination was apparently legal. Still in arbitration is a demand by Vattenfall, a Swedish utility that operates two nuclear plants in Germany, for compensation of €3.7 billion ($4.7 billion) under the ISDS clause of a treaty on energy investments, after the German government decided to shut down its nuclear power industry following the Fukushima disaster in Japan in 2011.
  • Under the TPP, however, even larger judgments can be anticipated, since the sort of “investment” it protects includes not just “the commitment of capital or other resources” but “the expectation of gain or profit.” That means the rights of corporations in other countries extend not just to their factories and other “capital” but to the profits they expect to receive there.
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  • Under the TPP, could the US government be sued and be held liable if it decided to stop issuing Treasury debt and financed deficit spending in some other way (perhaps by quantitative easing or by issuing trillion dollar coins)? Why not, since some private companies would lose profits as a result? Under the TPP or the TTIP (the Transatlantic Trade and Investment Partnership under negotiation with the European Union), would the Federal Reserve be sued if it failed to bail out banks that were too big to fail? Firestone notes that under the Netherlands-Czech trade agreement, the Czech Republic was sued in an investor-state dispute for failing to bail out an insolvent bank in which the complainant had an interest. The investor company was awarded $236 million in the dispute settlement. What might the damages be, asks Firestone, if the Fed decided to let the Bank of America fail, and a Saudi-based investment company decided to sue?
  • Just the threat of this sort of massive damage award could be enough to block prospective legislation. But the TPP goes further and takes on the legislative function directly, by forbidding specific forms of regulation. Public Citizen observes that the TPP would provide big banks with a backdoor means of watering down efforts to re-regulate Wall Street, after deregulation triggered the worst financial crisis since the Great Depression: The TPP would forbid countries from banning particularly risky financial products, such as the toxic derivatives that led to the $183 billion government bailout of AIG. It would prohibit policies to prevent banks from becoming “too big to fail,” and threaten the use of “firewalls” to prevent banks that keep our savings accounts from taking hedge-fund-style bets. The TPP would also restrict capital controls, an essential policy tool to counter destabilizing flows of speculative money. . . . And the deal would prohibit taxes on Wall Street speculation, such as the proposed Robin Hood Tax that would generate billions of dollars’ worth of revenue for social, health, or environmental causes.
  • Clauses on dispute settlement in earlier free trade agreements have been invoked to challenge efforts to regulate big business. The fossil fuel industry is seeking to overturn Quebec’s ban on the ecologically destructive practice of fracking. Veolia, the French behemoth known for building a tram network to serve Israeli settlements in occupied East Jerusalem, is contesting increases in Egypt’s minimum wage. The tobacco maker Philip Morris is suing against anti-smoking initiatives in Uruguay and Australia. The TPP would empower not just foreign manufacturers but foreign financial firms to attack financial policies in foreign tribunals, demanding taxpayer compensation for regulations that they claim frustrate their expectations and inhibit their profits.
  • What is the justification for this encroachment on the sovereign rights of government? Allegedly, ISDS is necessary in order to increase foreign investment. But as noted in The Economist, investors can protect themselves by purchasing political-risk insurance. Moreover, Brazil continues to receive sizable foreign investment despite its long-standing refusal to sign any treaty with an ISDS mechanism. Other countries are beginning to follow Brazil’s lead. In an April 22nd report from the Center for Economic and Policy Research, gains from multilateral trade liberalization were shown to be very small, equal to only about 0.014% of consumption, or about $.43 per person per month. And that assumes that any benefits are distributed uniformly across the economic spectrum. In fact, transnational corporations get the bulk of the benefits, at the expense of most of the world’s population.
  • Something else besides attracting investment money and encouraging foreign trade seems to be going on. The TPP would destroy our republican form of government under the rule of law, by elevating the rights of investors – also called the rights of “capital” – above the rights of the citizens. That means that TPP is blatantly unconstitutional. But as Joe Firestone observes, neo-liberalism and corporate contributions seem to have blinded the deal’s proponents so much that they cannot see they are selling out the sovereignty of the United States to foreign and multinational corporations.
  • For more information and to get involved, visit: Flush the TPP The Citizens Trade Campaign Public Citizen’s Global Trade Watch Eyes on Trade
Paul Merrell

Putin: US Foreign Policy Boosted Expansion of Terrorism - 0 views

  • Russia’s president Putin uses unusually harsh words when it comes to the US foreign policy. He wants an alliance with China and the BRICS countries in order to close the security gap left by the US foreign policy: The illegal interventions of the West in the Middle East led to a strong Islamic State. BRICS should jointly defend themselves against such developments. Russia’s president Putin shows a harsher attitude towards West’s foreign policy: Putin accuses the West, quite bluntly, to be responsible for the emergence of the Islamic State. At a meeting with the BRICS security chiefs he said on Monday, according to TASS:”We know what is going on in the Middle East and North Africa now. We see problems caused by a terrorist organization, which calls itself ‚The Islamic State’. However, there was no terrorism in those states before the unacceptable interference from the outside took place without an approval of the UN Security Council. It is obvious that the consequences are tough. Everything that has happened in the international arena over the last couple of years needs to be re-adjusted”. Putin sees other states threatened by the aggressive policy pursued by the West:”It is obvious that our nations are threatened and this is due to the fact that the international law has been violated in combination with violation of sovereignty of different states and their spheres of influence”.
  • At his meeting with China’s representatives, Putin discussed with his guests the existing threat of ‚color revolutions’: One took place in the Ukraine, and Moscow believes that the US was behind the ousting of president Yanukovich as a result of the Maidan unrests. It is also a known fact among western observers that the US was pulling the strings in the background.Only recently a classified Pentagon report revealed that the US government had knowledge of a possible creation of IS. But the government did nothing to prevent it, since a conflict among Muslims suits the geostrategic direction of the US government.The fact that Putin links the US foreign policy in the Middle East with the geographical expansion of the Islamic State is remarkable. Putin has never before used such harsh words when explaining the possible causes for the crisis in the Middle East.It seems that Putin is putting more pressure on the West: The alliance is not making progress against the fragmented fighting groups in Syria. Recently David Cameron asked Putin to help find a joint solution for the Syria crisis. Putin, who supports Assad, may increase the price of his cooperation.  The harsh words used by Putin against the West in connection with the rise of the Islamic State may indicate the direction in the Middle East game. And it won’t be a position of weakness.
Paul Merrell

Glenn Greenwald: Obama the Warriorl   : Information Clearing House - 0 views

  • Last week, the journal Foreign Policy published an extraordinary article – not extraordinary because of what it says, but because of who said it. It was written by Aaron David Miller, a lifelong D.C. foreign policy bureaucrat who served as a Middle East adviser to six different Secetaries of State in Democratic and GOP administrations. Miller’s article, which compared Barack Obama and Mitt Romney on foreign policy, was entitled “Barack O’Romney,” and the sub-headline said it all: “Ignore what the candidates say they’ll do differently on foreign policy. They’re basically the same man.” It began this way: “If Barack Obama is reelected, he ought to consider making Mitt Romney his new secretary of state” because “despite his campaign rhetoric, Romney would be quite comfortable carrying out President Obama’s foreign policy because it accords so closely with his own.”
  • Miller devotes himself to debunking one of the worst myths in Washington, propagated out of self-interest by conservatives and progressives alike: namely, that there is a vast and radical difference between the parties on most key issues and that bipartisanship is so tragically scarce. In the foreign policy context which is his expertise, Miller explains that — despite campaign rhetoric designed to exaggerate (or even invent) differences in order to motivate base voters — the reality is exactly the opposite
Paul Merrell

Putin signs "undesirable NGOs" Bill into Law | nsnbc international - 0 views

  • Russian President Vladimir Putin has signed a bill, enabling the designation of foreign and foreign-funded NGOs as undesirables after the bill passed both the Lower and Upper House of Parliament.
  • The bill authorizes the designation of foreign and foreign funded non-profit as well as for profit NGOs as “undesirables” on grounds of “national security. The bill passed the second reading in Russia’s Lower House of Parliament (State Duma), last week and was approved by the Upper House of Parliament, the Federation Council. The bill had been proposed by legislators of the governing United Russia party of President Vladimir Putin, The passing of the bill in both houses of parliament and the signing of the bill by Putin was no surprise since United Russia has a majority in both chambers. The bill has been heavily criticized by foreign, particularly western media, western politicians and primarily western-based or funded NGOs, including Human Rights Watch, Amnesty International, among many others. One of the NGOs that is certain to fall under the provisions of the bill is USAID.
  • he new law follows up on a law that was adopted in 2012 that obliged foreign-funded non-governmental organizations to register as “foreign agents”. The law provides for declaring foreigners and foreign-funded NGOs as“undesirable”. Persons who are violating the newly adopted law could face a fine up to 10,000 dollar to be paid in local currency and up to six years imprisonment. Supporters of the bill are referring to the risk that foreign-funded NGOs could pose to the Russian Federation’s national security while critics maintain that the wording of the legislation and especially the term “undesirable” is ambiguous and opens the floodgates for the abuse of the law to crack down on legal and legitimate dissent.
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  • While the wording and the use of “undesirable” is ambiguous and does pose legal problems as much as it opens the floodgates for the abuse of the legislation, there may be a good reason for keeping the wording ambiguous. Internationally acting NGOs have increasingly become “weaponized”; That is, that they have increasingly been utilized as tool for everything from supporting legitimate dissent to the organization of political violence and coup d’état. Another disturbing fact is that this pattern includes UN organizations such as the UN Interagency Framework Team for Preventive Action (Framework Team). Examples? Doctors Without Borders (MSF) played a key role in accusing the Syrian government for the use of chemical weapons, stating MSF sources. Later on the NGO had to admit that it had no staff in Damascus and exclusively relied on statements by “partners” in “rebel-held territories”.
  • Amnesty International for its part issued a report about alleged war crimes committed during NATO’s bombing of Libya in 2011. A 2012 report by Amnesty International claimed that Operation Unified Protector, authorized by UNSC Resolution 1973 has resulted in 55 documented cases of named civilian casualties, including 16 children and 14 women that were killed in air strikes in the capital Tripoli and the towns of Zliten, Majer, Sirte, and Brega. The low figure is utterly inconsistent with casualty figures provided by local NGOs as well as documented eyewitness reports. Two things are worth considering with regard to the Amnesty report. During the first night of the operation NATO forces launched over 100 cruise missiles into Tripoli alone.
  • The Director of Amnesty International at that time was Suzanne Nozzel, who also worked as adviser on U.S. government – NGO relations for the then U.S. Secretary of State Hillary Clinton.
  • While Human Right Watch does, indeed, engage in justified human rights advocacy, it has also been engaged in issuing strongly biased reports, in politicizing that “representatives are denied entry to e.g. Egypt”, while failing to mention that proper visa procedures had not been followed, and so forth. The most disturbing NGO may, however, be the UN Interagency Framework Team for Preventive Action. The Framework Team is largely privately funded with George Soros as one of the primary sponsors. The NGO under UN cover is “coordinating UN, governmental and non-governmental initiatives”.
  • The UN organization could undoubtedly be useful but it has also been sharply criticized for “fanning the flames” of the inter-communal violence in Myanmar’s Rakhine State, and for its active role in creating rather than preventing ethnic and sectarian disputes and violence in Nepal. In both the case of Myanmar and in the case of Nepal it is easy to establish ties between the Framework Team and Western or Western allied intelligence services. Criticism of the ambiguous wording of the new Russian legislation is, in other words, as justified as criticism of NGOs who prostitute themselves and the best intentions of the members at their base as pawns in geopolitical chess-games.
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    More than understandable given the long history of the U.S. weaponizing NGOs in aid of its "color revolutions" strategy to overthrow governments in secular states and left-leaning democracies. The most recent examples are the successful U.S. coup in Ukraine and the thrice-failed coup attempts in Venezuela.  U.S. NGOs have been attempting to provoke such a coup in Russia for some time but have failed thus far because of Putin's immense popularity and a perhaps better-informed Russian public. The Russian people know they are under attack and have wisely closed ranks rather than falling for a divide-and-conquer strategy. Venezuela recently enacted similar legislation.  
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