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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

"Crisis At The Border" Is Yet Another Example Of "Blowback." - 0 views

  • If you’re reading this, you probably follow the news. So you’ve probably heard of the latest iteration of the “crisis at the border”: tens of thousands of children, many of them unaccompanied by an adult, crossing the desert from Mexico into the United States, where they surrender to the Border Patrol in hope of being allowed to remain here permanently. Immigration and Customs Enforcement’s detention and hearing system has been overwhelmed by the surge of children and, in some cases, their parents. The Obama Administration has asked Congress to approve new funding to speed up processing and deportations of these illegal immigrants. Even if you’ve followed this story closely, you probably haven’t heard the depressing backstory — the reason so many Central Americans are sending their children on a dangerous thousand-mile journey up the spine of Mexico, where they ride atop freight trains, endure shakedowns by corrupt police and face rapists, bandits and other predators. (For a sense of what it’s like, check out the excellent 2009 film “Sin Nombre.”) NPR and other mainstream news outlets are parroting the White House, which blames unscrupulous “coyotes” (human smugglers) for “lying to parents, telling them that if they put their kids in the hands of traffickers and get to the United States that they will be able to stay.” True: the coyotes are saying that in order to gin up business. Also true: U.S. law has changed, and many of these kids have a strong legal case for asylum. Unfortunately, U.S. officials are ignoring the law.
  • The sad truth is that this “crisis at the border” is yet another example of “blowback.” Blowback is an unintended negative consequence of U.S. political, military and/or economic intervention overseas — when something we did in the past comes back to bite us in the ass. 9/11 is the classic example; arming and funding radical Islamists in the Middle East and South Asia who were less grateful for our help than angry at the U.S.’ simultaneous backing for oppressive governments (The House of Saud, Saddam, Assad, etc.) in the region. More recent cases include U.S. support for Islamist insurgents in Libya and Syria, which destabilized both countries and led to the murders of U.S. consular officials in Benghazi, and the rise of ISIS, the guerilla army that imperils the U.S.-backed Maliki regime in Baghdad, respectively. Confusing the issue for casual American news consumers is that the current border crisis doesn’t involve the usual Mexicans traveling north in search of work. Instead, we’re talking about people from Central American nations devastated by a century of American colonialism and imperialism, much of that intervention surprisingly recent. Central American refugees are merely transiting through Mexico.
  • “The unaccompanied children crossing the border into the United States are leaving behind mainly three Central American countries, Honduras, El Salvador and Guatemala. The first two are among the world’s most violent and all three have deep poverty, according to a Pew Research report based on Department of Homeland Security (DHS) information,” reports NBC News. “El Salvador ranked second in terms of homicides in Latin America in 2011, and it is still high on the list. Honduras, Guatemala and El Salvador are among the poorest nations in Latin America. Thirty percent of Hondurans, 17 percent of Salvadorans and 26 percent of Guatemalans live on less than $2 a day.” The fact that Honduras is the biggest source of the exodus jumped out at me. That’s because, in 2009, the United States government — under President Obama — tacitly supported a military coup that overthrew the democratically elected president of Honduras. “Washington has a very close relationship with the Honduran military, which goes back decades,” The Guardian noted at the time. “During the 1980s, the US used bases in Honduras to train and arm the Contras, Nicaraguan paramilitaries who became known for their atrocities in their war against the Sandinista government in neighbouring Nicaragua.”
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  • Honduras wasn’t paradise under President Manuel Zelaya. Since the coup, however, the country has entered a downward death spiral of drug-related bloodshed and political revenge killings that crashed the economy, brought an end to law, order and civil society, and now has some analysts calling it a “failed state” along the lines of Somalia and Afghanistan during the 1990s. “Zelaya’s overthrow created a vacuum in security in which military and police were now focused more on political protest, and also led to a freeze in international aid that markedly worsened socio-economic conditions,” Mark Ungar, professor of political science at Brooklyn College and the City University of New York, told The International Business Times. “The 2009 coup, asserts [Tulane] professor Aaron Schneider, gave the Honduran military more political and economic leverage, at the same time as the state and political elites lost their legitimacy, resources and the capacity to govern large parts of the country.” El Salvador and Guatemala, also narcostates devastated by decades of U.S. support for oppressive, corrupt right-wing dictatorships, are suffering similar conditions.
  • Talk about brass! The United States does it everything it can to screw up Central America — and then acts surprised when desperate people show up at its front gate trying to escape the (U.S.-caused) carnage. Letting the kids stay — along with their families — is less than the least we could do.
Paul Merrell

Now the truth emerges: how the US fuelled the rise of Isis in Syria and Iraq | Seumas M... - 0 views

  • The war on terror, that campaign without end launched 14 years ago by George Bush, is tying itself up in ever more grotesque contortions. On Monday the trial in London of a Swedish man, Bherlin Gildo, accused of terrorism in Syria, collapsed after it became clear British intelligence had been arming the same rebel groups the defendant was charged with supporting. The prosecution abandoned the case, apparently to avoid embarrassing the intelligence services. The defence argued that going ahead withthe trial would have been an “affront to justice” when there was plenty of evidence the British state was itself providing “extensive support” to the armed Syrian opposition. That didn’t only include the “non-lethal assistance” boasted of by the government (including body armour and military vehicles), but training, logistical support and the secret supply of “arms on a massive scale”. Reports were cited that MI6 had cooperated with the CIA on a “rat line” of arms transfers from Libyan stockpiles to the Syrian rebels in 2012 after the fall of the Gaddafi regime. Clearly, the absurdity of sending someone to prison for doing what ministers and their security officials were up to themselves became too much. But it’s only the latest of a string of such cases. Less fortunate was a London cab driver Anis Sardar, who was given a life sentence a fortnight earlier for taking part in 2007 in resistance to the occupation of Iraq by US and British forces. Armed opposition to illegal invasion and occupation clearly doesn’t constitute terrorism or murder on most definitions, including the Geneva convention.
  • But terrorism is now squarely in the eye of the beholder. And nowhere is that more so than in the Middle East, where today’s terrorists are tomorrow’s fighters against tyranny – and allies are enemies – often at the bewildering whim of a western policymaker’s conference call.
  • A revealing light on how we got here has now been shone by a recently declassified secret US intelligence report, written in August 2012, which uncannily predicts – and effectively welcomes – the prospect of a “Salafist principality” in eastern Syria and an al-Qaida-controlled Islamic state in Syria and Iraq. In stark contrast to western claims at the time, the Defense Intelligence Agency document identifies al-Qaida in Iraq (which became Isis) and fellow Salafists as the “major forces driving the insurgency in Syria” – and states that “western countries, the Gulf states and Turkey” were supporting the opposition’s efforts to take control of eastern Syria. Raising the “possibility of establishing a declared or undeclared Salafist principality”, the Pentagon report goes on, “this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran)”.
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  • Which is pretty well exactly what happened two years later. The report isn’t a policy document. It’s heavily redacted and there are ambiguities in the language. But the implications are clear enough. A year into the Syrian rebellion, the US and its allies weren’t only supporting and arming an opposition they knew to be dominated by extreme sectarian groups; they were prepared to countenance the creation of some sort of “Islamic state” – despite the “grave danger” to Iraq’s unity – as a Sunni buffer to weaken Syria. That doesn’t mean the US created Isis, of course, though some of its Gulf allies certainly played a role in it – as the US vice-president, Joe Biden, acknowledged last year. But there was no al-Qaida in Iraq until the US and Britain invaded. And the US has certainly exploited the existence of Isis against other forces in the region as part of a wider drive to maintain western control.
  • The calculus changed when Isis started beheading westerners and posting atrocities online, and the Gulf states are now backing other groups in the Syrian war, such as the Nusra Front. But this US and western habit of playing with jihadi groups, which then come back to bite them, goes back at least to the 1980s war against the Soviet Union in Afghanistan, which fostered the original al-Qaida under CIA tutelage. It was recalibrated during the occupation of Iraq, when US forces led by General Petraeus sponsored an El Salvador-style dirty war of sectarian death squads to weaken the Iraqi resistance. And it was reprised in 2011 in the Nato-orchestrated war in Libya, where Isis last week took control of Gaddafi’s home town of Sirte. In reality, US and western policy in the conflagration that is now the Middle East is in the classic mould of imperial divide-and-rule. American forces bomb one set of rebels while backing another in Syria, and mount what are effectively joint military operations with Iran against Isis in Iraq while supporting Saudi Arabia’s military campaign against Iranian-backed Houthi forces in Yemen. However confused US policy may often be, a weak, partitioned Iraq and Syria fit such an approach perfectly.
  • What’s clear is that Isis and its monstrosities won’t be defeated by the same powers that brought it to Iraq and Syria in the first place, or whose open and covert war-making has fostered it in the years since. Endless western military interventions in the Middle East have brought only destruction and division. It’s the people of the region who can cure this disease – not those who incubated the virus.
Paul Merrell

Salvadoran General Deemed Deportable In the Absence of Criminal Charges | Just Security - 0 views

  • The Board of Immigration Appeals (BIA) ruled last week that General Carlos Eugenio Vides-Casanova could be removed to El Salvador on account of his participation in human rights abuses in the 1980s when he was head of the National Guard (1979–1983) and then Minister of Defense (1983–1989). (The judgment is here.) In so ruling, the BIA affirmed a February 2012 opinion by an Immigration Judge, which — apparently for privacy reasons — was not released by the Justice Department until April 2013 after The New York Times filed a request under the Freedom of Information Act. Vides-Casanova has been found deportable under the Intelligence Reform and Terrorism Prevention Act, 8 U.S.C. § 1127(a)(4)(D) (passed in 2004 but rendered retroactive), which is intended to bar individuals who participated in genocide, Nazi persecution, torture, or summary execution from enjoying safe haven in the United States.
  • The Vides-Casanova decision reiterated D-R-’s determination that: inadmissibility under … the Act is established where it is shown that an alien with command responsibility knew or should have known that his subordinates committed unlawful acts covered by the statute and failed to prove that he took reasonable measures to prevent or stop such acts or investigate in a genuine effort to punish the perpetrators. The BIA’s opinion constitutes precedent and is binding upon all Immigration Judges. In reaching these results, both sets of adjudicators rejected Vides-Casanova’s claims that:  the human rights violations were the result of “rogue units” acting autonomously and his conduct was “consistent with the ‘official policy’ of the United States” such that it would be unfair under principles of equitable estoppel to remove him.
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    Consistent with the "offficial policy" of the U.S. isn't a defense, but the troubling part is that it's true. Vides-Casnova was a participant in a U.S. program that coodinated the intelligence gathering and distribution in a secure U.S. government communications network housed in Panama under cover of the notorious School of Americas. It was a regional coordinated effort based on ideology to identify, torture, terrorize, round up, and disappear anyone suspected of leaning to the political left. Welcome to the world of Operation Condor. Tens of thousands of Latin Americans were tortured and killed. CIA also coordinated the overthrow of many Latin American nations and their replacement by military juntas.  A lot of information about Operation Condor was released in the late 90s by CIA and the State Dept. VP Joe Biden recently delivered some more to Uruguay for use in its truth and reconcilation work.  If you'd like a quick overview of Operation Condor, see https://www.globalpolicy.org/component/content/article/168/28173.html There are reasons why lots of leaders in Latin America don't trust the U.S. and why they excluded the U.S. from a 12-nation alliance.  The latest failed U.S. coup attempt in Venezuela earlier this year just poured gasoline on that fire.  The CIA has been at it for a very long time. It knew how to kidnap, torture, and asassinate people on a far grander scale long before Bush the Younger and his collection of war criminals got involved. 
Paul Merrell

Latin America is ready to defy the US over Snowden and other issues | Stephen Kinzer | ... - 0 views

  • Any country that grants asylum to Snowden risks retaliation from the United States, including diplomatic isolation and costly trade sanctions. Several don't seem to care. The fact that Latin America has become the favored refuge for a United States citizen accused of treason and espionage is an eye-popping reminder of how fully the continent has emerged from Washington's shadow."Latin America is not gone, and we want to keep it," President Richard Nixon told aides as he was pressing the covert operation that brought down the Chilean government in 1973. A decade later, the Reagan administration was fighting proxy wars in Nicaragua, El Salvador and Guatemala. In the 1980s the US Army invaded two Caribbean countries, Grenada and Panama, to depose leaders who had defied Washington.
  • During the 1990s the United States sought to impose the "Washington Consensus" on Latin American governments. It embodied what Latin Americans call "neo-liberal" principles: budget cuts, privatization, deregulation of business, and incentives for foreign companies. This campaign sparked bitter resistance and ultimately collapsed. In spite of these military, political, and economic assaults – or perhaps because of them – much of Latin America has become profoundly dissatisfied with the made-in-USA model. Some of the continent's most popular leaders rose to power by denouncing the "Washington Consensus" and pledging to pull their countries out of the United States orbit.Because President Hugo Chavez of Venezuela was the most flamboyant of these defiant leaders, some outsiders may have expected that following his death, the region would return to its traditional state of submission. In fact, not just a handful of leaders but huge populations in Latin America have decided that they wish for more independence from Washington.
  • This is vital for Snowden because it reduces the chances that a sudden change of government could mean his extradition. If he can make it to Latin America, he will never lack for friends or supporters.
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  • From Ecuador, Snowden could travel widely. Everything from the splendor of Bolivia's Lake Titicaca to the vibrancy of teeming Caracas awaits him. With luck, he might even be able to visit Guatemala in September to attend the grand festival being planned for the 100th anniversary of the birth of Jacobo Arbenz, the reformist president who the United States deposed in 1954.
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    Remember when the U.S. routinely overthrew Latin-American governments at will, at the first sign of a government's resistance to U.S. dictates? The last time that occurred overtly was in 1989, with the invasion of Panama (although there have been later clandestine attempts). The cases of Julian Assange and Edward Snowden's selection of Ecuador as the refuge nation least likely to hand them over for U.S. prosecution illustrates the declining influence of U.S. government in Latin America.   
Paul Merrell

Brazil: The Provisional Banana Scoundrel Republic - 0 views

  • Every political junkie on the planet has to be glued to the ongoing Brazilian House of Cards, consistently offering an unparalleled feast of cheap thrills.The latest cliffhanger was the leak of a conversation between one of the key operators involved in the oil giant Petrobras corruption scandal and a senator and short-lived Minister of Planning in the usurper interim government currently replacing President Dilma Rousseff while she is undergoing an impeachment trial by the Senate.  Call the leak a short autopsy of what from the beginning should have been defined as golpeachment; a mix of coup (“golpe”, in Portuguese) and impeachment, which took place in a one/two sequential vote in the Brazilian Congress and Senate, as a notorious congregation of crooks investigated for myriad offenses and crimes seized power in Brasilia in a full-fledged Buffon’s Opera. I call their scam Provisional Banana Scoundrel Republic (PBSR).  
  • The leak/autopsy duly unveiled how the PBSR cancer progressed.  One of the key plotters outlines the coup; stresses how it should protect Brazilian plutocracy/kleptocracy from unintended consequences of the ongoing, two-year-old Car Wash corruption investigation; and how the Left – from President Rousseff to Lula and the Workers’ Party – should be criminalized for good. 
  • The rest would be history, including the demolition of recently acquired social and workers’ rights via the imposition of a neoliberal restoration; total reversion in foreign policy, with geopolitical and geoeconomic relations back to a colonized mindset; and the reestablishment of a conservative, neoliberal, rentier hegemonic class lording over a socially-oriented, democratic society. That fits in with the current Brazilian Congress and Senate dominated by “BBB” interests. “BBB” stands for Beef (the powerful agribusiness lobby); Bullet (the weapons and private security complex); and Bible (evangelical fanatics), all supported by corporate media. Many of these unsavory characters are connected and/or represent the toxic Brazilian rural aristocracy – which are in fact heirs to nobility titles handed over to slave owners. It was going all so swell after only a few days – even with the former head of the lower house, notorious crook Eduardo Cunha, temporarily sidelined; Cunha – the ringleader of a campaign financing scam inside Congress – de facto had become the Prime Minister of the puppet former Vice-President and current, interim President Michel Temer. 
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  • The key variable from now on is how the PBSR gang will maneuver – possibly illegally — to cling to power. The Public Ministry and the Federal police are totally politicized. Increasingly there are no mediation powers. The PBSR gang will take no prisoners. The Public Ministry will go after Lula while the attorney general will try to block any chance of Rousseff being reinstated. Meanwhile, the social democrats turned neoliberal enforcers – key associates of the PBSR — will keep advancing their own agenda; hardcore privatizations; handing over the exploration of the pre-salt oil deposits to US Big Oil; and dutifully prostrating as Washington vassals. One just needs to examine the extreme interest by the US Department of Justice on all things related to the Car Wash investigation to infer how Washington is deeply involved in smashing leading Brazilian corporations.   
  • Washington has not had the balls to do it directly – relying on minions such as the State Department spokesman and the interim ambassador to the OAS. But the message is unmistakable; golpeachment is legal, and Washington trusts Brazilian “democratic institutions”. Compare it to the Russian Foreign Ministry, which alerted to “foreign interference” in Brazilian affairs. The new Brazilian Foreign Minister – a sore loser (twice) in presidential elections won by the Workers’ Party – took no time to launch his glorious Vassal of Washington/US Big Capital policy. He already issued a veiled “threat” to Cuba, Venezuela, Nicaragua, Bolivia, Ecuador and El Salvador. Mercosur will be sidelined to the benefit of the Pacific Alliance – where Mexico, Peru and Colombia are under Washington’s wings. Unasur will be ditched.
  • And then there’s the stale ice cream in the scoundrel’s tart; the “B” in BRICS is now dormant. This means the role of Brazil in the BRICS bank will be seriously compromised. Granted, the BRICS were never a homogenous group and have been riddled with conflicting interests. For instance, India’s nuclear-sharing agreement with the US effectively ties it up with Washington. The next BRICS summit is in India, in October. Brazil risks the ignominy of being represented by the PBSR gang.  Meanwhile, make no mistake; as much as the Car Wash investigation was revealed to be a totally politicized drive – where fighting corruption was just a convenient cover – the PBSR gang and their allies will do everything to get rid of the 2018 direct presidential elections. So here’s the sorry Brazilian road map up to 2018; total political, economic, social and juridical chaos. 
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    Pepe Escobar, himself a Brazilian expatriate journailist, riffs on the Brazilian coup-gone-sour-by-discllosure-of-plans. If you have a browser extension to do translations, read the article linked from the "U.S. Department of Justice" text. It seems that the U.S. played a part in setting the coup in motion. Surprise, surprise. A very fun read. 
Paul Merrell

The Forgotten Coup: Hillary Clinton's "Dirty Hands" in the 2009 Honduran Coup | Geopoli... - 0 views

  • On June 28th 2009, Honduran soldiers marched into the bedroom of Honduran President Manuel Zelaya while he was in his pajamas and forced him at gunpoint to walk into a waiting jet and exiled him to Costa Rica. Then-Secretary of State Hillary Clinton condemned the ouster of the Honduran President as a coup as she called for “the full restoration of democratic order in Honduras.” The “democratic order” Clinton was suggesting was not to restore Zelaya as the legitimate president but a president (or more like a U.S. Puppet) that Washington finds suitable for its interests. Roberto Micheletti replaced Zelaya as an interim president. Micheletti lived in the U.S. (Florida) early in his life. Hillary Clinton’s involvement in the overthrow of the democratically elected president of Honduras Manual Zelaya is clear while most of the main-stream media ignores Clinton’s involvement in destroying yet another democracy in Central America by the U.S. government. Central America has experienced U.S. orchestrated coups and civil wars in the past including Guatemala (1954), Costa Rica (mid 1950’’s and 1970-71) and civil wars in Nicaragua (1981-90) and El Salvador (1981-92).
Paul Merrell

Investigative Reporter Robert Parry to receive I.F. Stone Medal for Journalistic Indepe... - 0 views

  • In recognition of a career distinguished by meticulously researched investigations, intrepid questioning and reporting that has challenged both conventional wisdom and mainstream media, the Nieman Foundation for Journalism at Harvard will present journalist Robert Parry with the 2015 I.F. Stone Medal for Journalistic Independence during a ceremony in Cambridge, Mass., on Oct. 22, 2015.
  • Parry established the website, consortiumnews.com in 1995 as the first investigative news magazine on the Internet. He continues to edit the site and notes that a founding idea behind the project was the belief that “a major investment was needed in journalistic endeavors committed to honestly informing the American people about important events, reporting that truly operated without fear or favor.” Parry is known for breaking many of the stories related to the Iran-Contra affair while working at The Associated Press and Newsweek in the 1980s. He received the George Polk Award for National Reporting in 1984 for his work on Iran-Contra at the AP, where he broke the story that the CIA had provided a manual to the Nicaraguan Contras (“Psychological Operations in Guerrilla Warfare”) that outlined ways to build support for the Contra cause and carry out political assassinations.
  • In 1985, he was the first to report on Oliver North’s involvement in the affair and along with his AP colleague Brian Barger, was the first to describe the Contras’ role in cocaine trafficking in the United States – stories that led to an internal investigation and a congressional inquiry. Parry also was a 1985 Pulitzer finalist for his work. In the early 1990s, Parry made several documentaries for PBS’s Frontline on the October Surprise allegations about a plot to influence the outcome of the 1980 presidential election between incumbent Jimmy Carter and Ronald Reagan. He continued to report on the topic and published two related books: “Trick or Treason: The October Surprise Mystery” (1993) and “The October Surprise X-Files: The Hidden Origins of the Reagan-Bush Era” (1996). Parry’s other books include “America’s Stolen Narrative: From Washington and Madison to Nixon, Reagan and the Bushes to Obama” (2012), “Neck Deep: The Disastrous Presidency of George W. Bush” (2007), “Secrecy & Privilege: Rise of the Bush Dynasty from Watergate to Iraq” (2004), “and “Lost History: Contras, Cocaine, the Press & ‘Project Truth’” (1992).
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  • Parry worked for Bloomberg News from 2000-2004. He has reported from Grenada, El Salvador, Nicaragua, Iran, Israel and Haiti and has taught at the New York University Graduate School of Journalism. Former Nieman Foundation curator Bill Kovach, chair of the advisory committee that oversees the annual award, said, “Robert Parry has for decades been one of the most tenacious investigative journalists. Driven by his concern that the information flooding our communications system increasingly substitutes opinion for historical fact and undermines effective citizen and government decisions, he has created a unique news website to replace disinformation with facts based on deep research.” Established in 2008, the I.F Stone Medal honors the life of investigative journalist I.F. Stone and is presented annually to a journalist whose work captures the spirit of journalistic independence, integrity and courage that characterized I.F. Stone’s Weekly, published 1953-1971. The award is administered by the Nieman Foundation for Journalism at Harvard and its Nieman Watchdog Project.
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    Recognition for a journalist whose articles I often bookmark on Diigo.
Paul Merrell

Why the United States Always Loses Its Wars | Global Research - 0 views

  • America loses all its wars because it seems we’ve always been on the wrong side of history. Morally nor legally should any nation have the right to invade and occupy another sovereign nation, much less believe it can achieve victory in long, protracted wars. Yet in violation of all ethical precepts and all international laws, the sole global superpower citing its impunity through exceptionalism hypocritically insists it can maintain its moral high ground in its relentless pursuit of regime changes anywhere it so chooses on earth. We are the global village bully that’s hated by much of the world. And it’s pure self-aggrandizing bullshit to perpetrate the myth that America is hated because of our “freedom,” another rhetorical brainwashing lie. We now live in a fascist totalitarian police state run by a globalized crime syndicate of the central banking cabal. As of last April per a Princeton-Northwestern study the US has officially been designated an oligarchy. Last year after a group of ethnic Russians living in Crimea voted to become part of Russia, the Russian military claimed control over its own naval base there that the US-NATO had been lusting to steal after the unlawful overthrow of Ukraine’s democratically elected sovereign government. Ever since it’s been nonstop lies and propaganda propagated to demonize Putin as the aggressor when in fact all along it’s the American Empire that’s been recklessly pushing what could end up World War III against nuclear powered Russia. With US-NATO missiles installed on Russia’s doorstep in virtually every former Soviet eastern bloc nation, hemming Russia in, who’s really the aggressor here?
  • Meanwhile, despite costing US taxpayers up to six trillion dollars and counting in Iraq alone and another trillion so far in Afghanistan in this age of increasing austerity, the albeit detached reverence for the US military and its abysmal losing war record fail to draw much notice or reflection, much less any real criticism or troubleshooting that might correct the same pattern of mistakes being repeated indefinitely. Another article in the same issue calls for resurrecting the draft as the feeble answer, something my ex-West Point roommate-former Afghan Ambassador-retired general and current Council on Foreign Relations (CFR) member Karl Eikenberry has also publicly advocated. They are all missing the point, unwilling or unable to address the pink elephant in the global room. Respected author-activist David Swanson wrote an incisive rebuttal also confronting the Atlantic article for not answering the obvious question of why America loses at war. He makes the excellent point: The U.S. has killed huge numbers of men, women, and children, made itself hated, made the world more dangerous, destroyed the environment, discarded civil liberties, and wasted trillions of dollars that could have done a world of good spent otherwise. A draft would do nothing to make people aware of that situation. But Swanson merely glides over as a passing fact that the ruling elite is the only entity that stands to gain from war. He fails to emphasize that it is the elite’s power, money and influence that both initiates, but then by calculated design, willfully sabotages the chance of any US military victory after World War II. The reason is simple. If the US triumphed in war it would only delay the totalitarian New World Order from materialization. Only a weakened United States would expeditiously promote a one world government.
  • As a brief historical review tracing events from the dawn of the twentieth century, media mogul Randolph Hearst used the false flag of the Spanish American War to “remember the USS Maine” sinking in the 1898 Havana harbor as its deceitful justification to ruthlessly, violently colonize Cuba and the Philippines, committing ethnic cleansing with estimates as high as near a half million dead Filipinos in that bloodbath. Then it was the “great” English statesman Winston Churchill who plotted the sinking of the Lusitania killing nearly 1200 of his own British citizens (along with 128 Americans) as the baited sacrifice secretly carrying arms to ignite the First World War that was supposed to end all wars.
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  • Then several years later the US encouraged South Korean incursions into Communist North Korea in order to manipulate North Korea into responding in kind. Guaranteeing South Korea full UN support, when the baited North Koreans retaliated by moving two miles inside the South Korean border, that June 1950 “transgression” immediately became the false pretense used to initiate the Korean War.
  • in August 1964 President Johnson lied to the American people with the bogus claim that a US Navy ship was attacked by North Vietnamese gunboats in the Gulf of Tonkin to launch America’s longest running war in history (that is until this century’s everlasting war of terror). That false flag cost near 60,000 American lives and over 3 million dead Southeast Asians, in addition to being the first US humiliating war defeat in its history, marking the first of many consecutive losses.
  • The smaller, less intensive military campaigns of Grenada, Panama, Nicaragua and El Salvador, the First Gulf War, Haiti, Bosnia and Kosovo were all jingoistic saber rattling manipulations of imperialistic Empire overpowering far weaker opponents to take down former US allied dictators (or in the case of Saddam Hussein a preliminary step to the father-son neocon tag team), balkanizing a divide and conquer strategy for global hegemony and imperial war profiteering from the always lucrative drug trafficking trade.
  • Meanwhile, the only true winners of all wars is the oligarch owned and controlled central banking cabal and its Wall Street 500. Once American Empire wreaks military havoc to achieve another ravaged failed state, be it Afghanistan, Iraq, Libya, Somalia, Yemen, a second invasion that becomes the permanent occupation arrives in the form of IMF and World Bank loans. When the war destroyed nation cannot pay the bankster cabal’s loan shark extortion, privatization through transnational corporations rapidly descends as economic hit men-vultures move in for the final kill. The game’s been rigged, set up so no one but the filthy, gluttonous, bloodthirsty, psychopathic vampires comprising the ruling elite can possibly win from all this rigged warring death and destruction.
  • The Zionist neocon creation with a little help from their Saudi-Israeli evil axis friends pulled off the coup of the century on 9/11, massacring 3,000 Americans as their sacrificial lambs, setting into motion the fabricated war on terror masking their actual war on Islam to ensure that a constant fresh supply of made-by-the-USA enemy materializes to justify permanent global violence. During the near ten years that Americans fought in Iraq near a half million Iraqis lost their life, mostly innocent civilians. That toll has only since risen with war still raging. The Islamic State jihadists that the US-Saudi-Israeli unholy alliance secretly created, trained, armed and has funded (just as it did al Qaeda for decades) invaded Iraq last June and is currently in control of more area in Iraq than the weak US puppet government in Baghdad with no end of sectarian violence in sight. Afghanistan looks no better with the puppet Kabul government holding less territory than the surging Taliban that has been waiting for the US military exodus by December 2014 leaving 10,800 US military advisors still remaining behind.
  • The proxy wars leaving Libya as a corrupt and lawlessly violent failed state and Syria a stalemated quagmire with Islamic State mercenaries our not-so-secret friendly boots on the ground still unable to topple and remove Assad from power. Meanwhile, near a quarter of a million people have died in the war in Syria and an astounding 6.5 million have been displaced in that colossal human tragedy supported and caused by the United States.
Paul Merrell

US and Israel try to rewrite history of UN resolution declaring Zionism racism - 0 views

  • “Zionism is a form of racism and racial discrimination,” reads UN General Assembly Resolution 3379. The measure was adopted 40 years ago, on Nov. 10, 1975, and the majority of the international community backed it. 72 countries voted for the resolution, with just 35 opposed (and 32 abstentions). Although little-known in the US today (it is remarkable how effectively the US and its allies have rewritten history in their favor), UN GA Res. 3379, titled “Elimination of all forms of racial discrimination,” made an indelible imprint on history. The geographic distribution of the vote was telling. The countries that voted against the resolution were primarily colonial powers and/or their allies. The countries that voted for it were overwhelmingly formerly colonized and anti-imperialist nations.
  • The resolution also cited two other little-known measures passed by international organizations in the same year: the Assembly of the Heads of State and Government of the Organization of African Unity’s resolution 77, which ruled “that the racist regime in occupied Palestine and the racist regimes in Zimbabwe and South Africa have a common imperialist origin, forming a whole and having the same racist structure”; and the Political Declaration and Strategy to Strengthen International Peace and Security and to Intensify Solidarity and Mutual Assistance among Non-Aligned Countries, which called Zionism a “racist and imperialist ideology.” When the resolution was passed, Israeli Ambassador to the UN Chaim Herzog — who later became Israel’s sixth president, and the father of Isaac Herzog, the head of Israel’s opposition — famously tore up the text at the podium. Herzog claimed the measure was “based on hatred, falsehood, and arrogance,” insisting it was “devoid of any moral or legal value.” Still today, supporters of Israel argue UN GA Res. 3379 was an anomalous product of anti-Semitism. In reality, however, the resolution was the result of international condemnation of the illegal military occupation to which Palestinians had been subjected since 1967 and the apartheid-like conditions the indigenous Arab population had lived under as second-class citizens of an ethnocratic state since 1948.
  • In 1991, resolution 3379 was repealed for two primary reasons: One, the Soviet bloc, which helped pass the resolution, had collapsed; and two, Israel and the US demanded that it be revoked or they refused to participate in the Madrid Peace Conference. At the UN on Nov. 11, US Ambassador to the UN Samantha Power and Secretary of State John Kerry eulogized the late Herzog and forcefully condemned the resolution on its 40th anniversary. In his 2,500-word statement, Kerry mentioned Palestinians just once, and only then as an extension of Israelis. In her remarks, Power did not mention Palestinians at all.
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  • In his speech, Kerry smeared resolution 3379 as “anti-Semitic” and “absurd.” Kerry called it “a bitter irony that this resolution against Zionism was originally a resolution against racism and colonialism” and lamented that “reasonableness was detoured by a willful ignorance of history and truth.” Sec. Kerry insisted “we will do all in our power to prevent the hijacking of this great forum for malicious intent” — a fascinating claim, considering how incredibly often the US itself hijacks the UN against the will of the international community, in the interests of both itself and Israel. Kerry warned about “the global reality of anti-Semitism today” (he made no mention whatsoever of the global reality of rampant, rapidly accelerating, and viciously violent anti-Muslim, anti-Arab, and anti-Black racism), and implied that the “terrorist bigots of Daesh [ISIS], Boko Haram, Al Shabaab, and so many others” are part of this larger anti-Semitic trend. One could argue Sec. Kerry downplayed the severity of the present political situation by characterizing these fascistic groups’ violent extremism as rooted in anti-Semitic bigotry, rather than in radicalization under conditions of intense oppression, bitter poverty, and brutal tyranny.
  • UN Secretary-General Ban Ki-moon joined Kerry, Power, and Netanyahu in the echo chamber, albeit with a bit more subtlety. “The reputation of the United Nations was badly damaged by the adoption of resolution 3379, in and beyond Israel and the wider Jewish community,” he said. Unlike the others, Ban condemned not just anti-Semitism, but also “wide-ranging anti-Muslim bigotry and attacks [and] discrimination against migrants and refugees.” Although the Israeli government accuses the UN of bias, the evidence demonstrates the opposite. Secret cables released by whistleblowing journalism organization WikiLeaks revealed that the US and Israel worked hand-in-hand with the UN and Sec.-Gen. Ban in order to undermine investigation into and punitive action on Israel’s war crimes in Gaza.
  • In her speech at the UN, Power, like Kerry, conflated the heinous Nazi attacks on Jewish civilians in the Kristallnacht with UN GA Res. 3379. Both speakers cited the abominable horrors of the Holocaust several times as reasons to support Zionism, glossing over the fact that Zionism was created in the late 19th century and that the Balfour Declaration dates back to 1917, decades before World War II. Amb. Power — a serial warmonger and veteran blame-dodger — did what she did best: rewrote history in the favor of US imperialism. She called the resolution “1975 smearing of Jews’ aspirations to have a homeland” and insisted multiple times that resolutions like 3379 “threaten the legitimacy of the UN.” Like Kerry, Power conveniently forgot to mention that, when it comes to the halls of the UN, there is no other rogue state as blunt as the US, which regularly spits in the face of the international community, defying UN resolutions, violating the UN Charter, and breaking international law when it sees fit. Power’s speech exposed the fault lines in the contentious (to put it mildly) relationship between the US and the UN — that is to say, between the US and the international community. Such tensions are not the fault of the UN; the blame rests squarely on the shoulders of Washington, with its doctrinal “American exceptionalism” and the flagrant disregard for international law that so frequently accompanies such imperial hubris.
  • In their speeches, both Kerry and Power also thanked Israeli UN Ambassador Danny Danon, who was described by an Israeli Labor Party lawmaker as “a right-wing extremist with the diplomatic sensitivity of a pit bull” and who proposed legislation that would, in his own words, have the Israeli government “annex the West Bank and repeal the Oslo Accords.” Amb. Danon insists that God gave the land of historic Palestine to the Jewish people as an “everlasting possession” (while forsaking the US). He also told the Times of Israel that the “international community can say whatever they want, and we can do whatever we want.” Netanyahu addressed the session with a video message. He claimed that Israel, which has for years led the world in violating UN Security Council resolutions, “continues to face systemic discrimination here at the UN.” In a January 2013 statement submitted to the UN Human Rights Council, the Russell Tribunal calculated Israel had defied a bare minimum of 87 Security Council resolutions. The Russel Tribunal also crucially noted “that Israel’s ongoing colonial settlement expansion, its racial separatist policies, as well as its violent militarism would not be possible without the US’s unequivocal support.” The tribunal pointed out that Israel “is the largest recipient of US foreign aid since 1976 and the largest cumulative recipient since World War II” and that, between 1972 and 2012, the US was the lone veto of UN resolutions critical of Israel 43 times.
  • The US secretary of state extolled “Zionism as the expression of a national liberation movement.” The national liberation movements of Vietnam, Korea, China, Nicaragua, El Salvador, Colombia, Congo, South Africa, Burkina Faso, and so many more nations, however, did not get such approval from Washington; au contraire, they were mercilessly crushed under the iron fist of American empire. Traditionally, only right-wing and settler-colonial “national liberation movements” have garnered the US’s official approval. “Why do we Americans care so much about the rights of others being respected?” Kerry asked unprovoked. “Because, in an interconnected world, injustice anywhere is a threat to justice everywhere.” He should tell that to the victims of US-backed dictatorships in Saudi Arabia, the UAE, Bahrain, Qatar, Egypt, Turkmenistan, Kazakhstan, Thailand, Brunei, Rwanda, Ethiopia, Uganda, and, once again, so many more nations. “Times may change, but one thing we do know: America’s support for Israel’s dreaming and Israel’s security, that will never change,” Kerry proclaimed.
  • The real victim of the 40th anniversary event was the truth — and, of course, as it was four decades ago, the Palestinians. Yet, while UN GA Res. 3379 was repealed, the truth cannot be revoked. Zionism was and remains an unequivocally racist movement — just like any other hyper-nationalist and ethnocratic movement. None other than the founding father of Zionism, Theodor Herzl, recognized this elementary fact. In a 1902 letter to Cecil Rhodes — a diamond magnate and white supremacist British colonialist with oceans of African blood on his hands — Herzl, writing of “the idea of Zionism, which is a colonial idea,” requested help colonizing historic Palestine. “It doesn’t involve Africa, but a piece of Asia Minor, not Englishmen but Jews… How, then, do I happen to turn to you since this is an out-of-the-way matter for you? How indeed? Because it is something colonial,” Herzl wrote. “I want you to… put the stamp of your authority on the Zionist plan.”
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