30 May 2015

Sri Lanka: Deterioration Of The Legal Intellect (8): Institutions For Administration Of Justice Are Far More Important Than The Military

Basil Fernando

The rape and murder of a 17-year-old schoolgirl two weeks ago, has given rise to the biggest protest seen in North in recent times. The police have announced that 9 persons have been arrested and are been investigated. DNA samples have been taken and sent for examination.
Meanwhile, the President of Sri Lanka publicly stated that the case would be tried in a special court to avoid the usual delay and to ensure justice speedily. This promise by the President is quite welcome. We hope that the investigations will be completed soon and the Attorney General will also file the indictments soon and the trial will commence.
While this move is being appreciated, it needs to be emphasized that a speedy trial in cases of rape is a right of all victims of rape and, in fact, of the community in general.
The delays that now prevail are scandalous.
Let’s take the case of Rita who was 14-years-old when she was raped on 12 August 2001. She was a schoolgirl from an underprivileged background. Her parents were working in the tea plantations. Alleged rapists in her case were two young boys from affluent families in the area. Within a short time following her complaint, the police were able to locate and arrest the two suspects.
However, now, 14 years after the event, the trial is still dragging on. The victim has regularly attended the court and has in no way contributed to the delays. However, as is done often in such cases, in this case too, the defence sought delays for all kinds of reasons knowing that it has a weak case. Unfortunately, the relevant courts in which the case has been taken up have taken no serious efforts to ensure a fair trial without undue delay.
The numbers of cases in which there are scandalous delay has to be counted in thousands. The task before the President and his government is to find a solution to this terrible problem. As for the President, he has a full term of office before him, as he has been elected only on the 8 January 2015.
The President’s task should be to, first of all, request appropriate authorities, particularly the Minister of Justice, to provide for him a thorough report on the state of delays in adjudication of criminal cases in Sri Lanka, with emphasis on the trials in most serious crimes, such as rape, murder, and the like.
The President has declared the primary goal of his government is to ensure good governance. It should not be difficult for him to grasp that as long as there is scandalous level of undue delay in the trial into serious crimes, good governance is not possible. The greatest threat to good governance is crime. Addressing this problem about undue delays in adjudication, among many other problems, the President and his government needs to take action to ensure the following:
· The first, most important, step is to restore the hearing of criminal trials on a day-to-day basis. This was a practice when jury trials were in practice. However, the virtual abandonment of jury trials has left the decision of postponing the dates of trial to the discretion of the judges. Examination of any of the case records of the trials that have been going on for some time would clearly indicate that the grounds on which the postponements have been given are not rationally or morally justified. Hearing of the cases on a day-to-day basis should not be left to the discretion of the judges; such hearings should be made compulsory. The adjusting of the court schedules for this purpose is purely a task of managing cases. If a court cannot hear a case on a particular date, there is no rational purpose of fixing the case on trial on that date. This is just a matter of common sense. This should not be a difficult task for the President of the country to set-up through appropriate authorities and also to get the cooperation of the courts for that purpose.
· There are other matters, such as delays in investigations and delays at the Attorney General’s department, which are also, for the most part, a result of neglected management. Inadequate funding of relevant departments is certainly one of the major causes for negligence in management. It is the duty of the President and his government to make the necessary funding allocations to the relevant departments so that they can resolve the internal problem of time in relation to fair trial.
· In taking these steps, the primary policy issue involved is the important place that should be given to the administration of justice. As the President is eager to highlight the difference of his political administration from that of the former President Mahinda Rajapaksha, emphasis being placed on proper administration of justice would be one of the most important areas of distinction. With the former government, neglect of the justice system was part of its political agenda. It is only by destabilizing the system of administration of justice that large-scale corruption and abuse of power became possible.
· It is understandable that due to the political climate of the recent past, the Military has acquired a prominent place in the country. It should be noted that in maintaining peace and stability, institutions of administration of justice play a far more important role than the Military. However, this peacetime perspective has been completely missing during the last regime. This is one area that the President needs to take a critical look at if the goals he has set to achieve are to be realized.
· It is quite well known that quite a large part of the national budget is allocated to the Military, as compared to the budget allocated for running the institutions of the administration of justice. Such lopsided allocations of budget are an indication of the absence of a national policy for realising peace and stability through the means of a functioning system of administration of justice. No amount of military intervention could address problems of internal security and stability if the institutions meant to administer justice are neglected.
Thus this issue of brutal rape and murder of the 17-year-old girl should require a more profound response than the mere promise of a speedy trial only for this case. In the first place, if the country’s civilian policing system and the courts were functioning properly in the area where this crime took place it is quite likely that the crime itself could have been prevented. Prevention of violent crimes is primarily a task of the institutions of the administration of justice. Therefore, civilian policing and the courts need to be strengthened in these areas, as well as in the rest of the country, to prevent further chaos.

Hil[l]arious US Politics: What We Now Know?

Farooque Chowdhury

A lot about US politics is unknown to ordinary citizens. It’s difficult to understand by commoners. A lot of connections, custom, cast inside and outside of the political arena there make the politics complex to comprehend.
However, a bit of it is known as years passed by. Scandals, and whistle blowing courage helped widen ordinary citizens’ knowledge about the old democracy. The famous gates – Watergate, Irangate, the WMD in Iraq or, it may be named, WIraqD (weapon for Iraq-destruction), the ballot paper-case have added a few more information to the small area of commoners’ knowledge about politics in the economy.
In the Wikileakage or Snowdenage, it’s difficult to hide all facts. Facts unveil faces of mystery.
It’s known, as Sean Braswell writes in “The 10 Most Successful White House Staffers”, (OZY, December 6, 2013), one high official was advised to exact revenge upon Seymour Hersh, the Pulitzer-winning New York Times reporter, for a story he wrote on classified US Navy missions in Soviet waters. That was in 1975. By that time, Hersh made him a “bad” guy for exposure of the infamous My Lai massacre, the genocide-like act in Vietnam. No reader should feel disturbed with the revenge-plan as this is part of a sort of politics in the developed democracy.
It’s also known, Sean Braswell writes (op. cit.), one official rebuked three GOP Congress female members “pushing ‘equal pay for equal work’” for women. To the official, the notion of “equal pay for equal work” for women was synonymous to socialism: “a radical redistributive concept. Their slogan may as well be, ‘From each according to his ability, to each according to her gender.’” The official expressed his mind in a February 20, 1984-memo. This type of officials is part of the political mechanism in the democracy.
Another official advised Nixon to burn the White House tapes during Watergate. (ibid.) Was that a notorious advice? That was part of politics there. Nixon’s political-destiny was decided.
These facts should “not” make one smile about politics in the land or one should not get scared with the acts, advices and assumptions. Despite all these acts the democracy possesses the power to advise others. The democracy is a powerful political system with a lot of crook plans. Moreover, shouldn’t those old, unloved facts of revenge and burning “lie” in grave? That’s the “civilized” way. Life is always fresh and vibrant. Political life is no exception. Isn’t it?
There are claims that during the ‘90s, the most powerful house in that country, and the executive branch of that state were “turned into a giant yard sale”. Claims have also been made that sleepovers in the Lincoln Bedroom, joining foreign trade trips, permission to export of classified missile technology to China were sold out. The buyers provided cash for election campaign. There are allegations of bribery.
The race to US presidential election is provoking fresh facts to raise their heads. As the race to enter the most powerful building in the democracy is gaining speed exposure of strange-looking facts are also moving fast. These are widening commoners’ knowledge about politics in the old democracy. That’s the problem as these facts are making the democracy a laughingstock.
Peter Schweizer’s book Clinton Cash presents a few facts of payments by dignitaries from other countries to an influential foundation, favors from a government department, exorbitant speaking fees. That was “a pattern of financial transactions involving” members of a family. The family members were powerful enough to influence a state policy, which could favorably benefit “those providing the funds”. The donors ensured deals in Canada, Colombia, Haiti. These informal deals shouldn’t annoy anyone as these are provisions of bourgeois politics.
There are “stories”:
Multimillion-dollar gift by a politician from a Third World country to a charity foundation that coincided with a senator’s reversal on the nuclear non-proliferation treaty; a secretary of state involved in allowing the transfer of nearly 50 percent of US domestic uranium output to one of its competitors, benefiting donors to the charity foundation; multimillion-dollar contracts for Haiti disaster relief awarded to donors and friends of the charity foundation; a former president receiving large payments for speeches from foreign businesses and governments with matters pending before a government department; a power couple’s visit to Colombia, which was followed by the grant of logging rights to a Canadian billionaire, also a top donor to the charity; a former president receiving $2 million for speeches from the largest shareholder in the Keystone Pipeline project while another powerful politician playing a role in approving the project. The stories are spread over continents: from Germany to Bangladesh to Colombia to India to Indonesia to Kazakhstan to Canada.
One story tells:
A former president flies to a Third World country, spends time in company of a businessman, a “close personal friend”, a deal —usually to exploit natural resources including uranium, oil, or timber, on a large and highly profitable scale – is made, and this is followed by contributions, by the beneficiaries of the deal, to a charity foundation, and the former president is commissioned to deliver a series of highly paid speeches.
Bangladesh finds a place in the deal-map. A report said: A diplomat to Bangladesh pushed one Bangladesh high official to allow open pit mining including in the Phulbari Mines. Incidents preceded the push, and there was a high stake.
There is at least a story of telling lie. A former president lied about hosting a meeting at his home, and the meeting was attended by nuclear officials from another country.
Many stories crowd politics in the democracy. Well-known are the facts of meetings between human-rights abusers and leaders of the democracy although the democracy preaches human rights.
Another story tells:
Two persons pleaded guilty to making millions of dollars in illegal campaign donations to one candidate’s presidential campaigns in '92 and '96. The donations were followed by favorable trade deals for the persons’ Jakarta-based business group.
The third story tells:
A CEO of a company engaged with space and communications business was a big donor. After election, the CEO got the president sign a waiver letting the company use Chinese rockets to launch US satellites. The deal transferred secret missile technology to China, and helped the emerging military power improve accuracy of its Inter-Continental Ballistic Missiles.
There’s another story:
One convicted donor to a presidential campaign made more than 50 visits to the most powerful house in the democracy. During one of the visits in 1995, the campaign donor handed a high official a check for $50,000 in her office.
A possible gold mine in Haiti has exposed a few connections to power. That was also a power of connection – a highly-placed kin, a deal, dinner. Corruption? “No”. Destruction of environment? “No”. Was “not” that a simple business deal? Does a few Haitians’ demonstration protesting the gold mine deal “matter” in big business? Is not there a golden prospect?
Undisclosed accounts, transfer of money from one account to another – an amazing, if not mischievous, act, a secret shell company, connections between donations to charity and armaments sales are getting exposed. Sponsors of the lectures included armament producer/supplier/buyer. There was private email account for official correspondence. There were persons raising money for politicians, businesses and charities, connections to billionaire investor and a close friend of a politician. There is a shadow of lining of private pocket by using public office.
Do these sound a poor-world patronage- or corruption-story? What’s the problem with business-politics, corruption-politics and trade-power connections in the poor-world? Doesn’t at least a group of poor-world politicians need money? They need money to survive and to plunder more. So they trade political power. And, ultimately, they are simply satraps in the world system.
In both the worlds – the rich-world and the poor-world – political power trades business, contracts, procurements, projects. And, there’s “no” problem with preaching of democracy while the trades go on as democracy-preaching “don’t” require moral standing. It “only” requires power.
Libya-debacle-debate in the election race is exposing a few more delicacies in the democracy. There were foreign influence-peddling or adventure to cash in on post-war Libyan spoils, corruption, non-official person preparing dozens of “intelligence” memos.
There were, in brief, “intelligence” coming from associates seeking business contracts from the Libyan transitional government, involvement of friends that included a private military contractor and a former spy “seeking to get in on the ground floor of the new Libyan economy”, planned business venture in Libya, a retired major general joining a newly formed New York firm to pursue business in Libya, a company planning to put “boots on the ground to see if there was an opportunity to do business”, “Qaddafi is dead, or about to be, and there’s opportunities” – dreams, a trader signing a memorandum of understanding with two senior officials in the LTG to provide “humanitarian assistance, medical services and disaster mitigation,” along with helping to train a new national police force, seeking projects in Libya including a proposal to create the floating hospitals, intrigues by foreign governments and rebel factions. These are not jotted down points for a novel. These are exposed parts of the Libya-“Democracy”-Plan.
Now the Libya-issue is turning transparent: The Libya policy was influenced by lucrative projects in that oil-rich country.
Probably, Transparency International at central level will come out with a report as the conscience-like organization has to keep its conscience clean. At least the US office of the guardian of conscience will issue a report. Isn’t it a moral question? Otherwise, the organization teaching right and wrong will stand as a stooge.

Explanations behind R2P in Libya, humanitarian aid there, democracy in the country, tense diplomacy and Security Council motion, no-fly zone, use of combatants and non-combatants, boots on the ground or only bombing debate, secret deployment of special service forces, the trans-Atlantic military entente, use of European military airfields to bomb the land, and deaths of Libyans and destruction of the country are not needed now as those are the toll the poor-world always pays. Doesn’t history support the assertion?
Does someone stand like a fool with the exposure of the acts – the libations of imperialist power? Are not those gentlemen supporting destruction-for-democracy in Libya respected fellows? They always swiftly re-wear their honorable mask, and the commoners salute them and listen to their sermons. The dignified personalities are not liars despite all the lies exposed. They are great teachers.
And, none will question them. The souls of the dead Libyans? They’ll not come back to question. The posterity? Mechanism is there to purchase them, or to keep them busy with trifling business or games, or to spoil them. The world-people? Have not they been depoliticized, demobilized, de-theorized? Have not their leadership been kept busy with other tasks?
All after these the old democracy preaches “democracy” to the countries in the resource-rich poor-world. But exposed facts are exposing the shameless “democracy” preachers, and commoners are learning a few facts of the bourgeois politics. It’s, in ultimate analysis, money: contract, deal, business, supply, procurement, project, trade, and with that money purchase property, be a member of the billionaires’ club. This lesson of bourgeois politics is undeniable. The perpetrators of property-politics teach this lesson, and commoners learn gradually.

"Lobbying, Capitalism And The State"

Jon Kofas

Historical Introduction

According to public opinion polls, about two thirds of Americans believe that lobbyists have too much power and lobbying is at the core of the policy making decision process. This means that powerful interest groups, namely, US and foreign corporations as well as foreign governments such as Israel and China prevail in policy that does not advance the interests of the American people, but often harms them. Of course, there are also advocacy lobbies dealing with the welfare of the elderly, education, science and culture, the environment, and other issues such as gay marriage that reflect the trends of the particular period. However, when we compare the preeminent influence of the defense industry lobby with all of the small and weak groups advocating diplomatic solutions to crises and arms – from nuclear to conventional – reduction, the defense industry prevails every time as it has from the late 19th century until the present.

One could argue that right-wing propagandists like Charles Krauthammer and Robert Samuelson advance valid arguments in favor of lobbying and believe that indeed it is “democracy in action”. This means that “democracy” is limited to those that can afford lobbyists while the rest must suffer the results of public policy often to their detriment. The larger question is how lobbies pose a threat to a modern democracy and alienate the majority of the people outside the services of lobbyists who have become a fixture in politics. This issue goes beyond ideological and political convictions to the practical matter of how one defines national interest. If the few large banks, insurance companies, and multinational corporations are the “national interest”, then by all means what is good for corporate America is good for all Americans, regardless of statistics showing massive capital concentration and steady decline of the middle class in the last three decades.

“What is good for corporate America is good for all Americans” is exactly the notion that the media, businesses, most academics and think tanks project to the public. This is what politicians practice, no matter their hypocritical populist rhetoric about “serving all of the people”. Considering that two-thirds of the people are convinced that lobbyists, not the voters, exercise influence over policymakers, then there is a widespread belief that democracy is indeed for sale and always well paid for. One could argue that American democracy was always for sale to business interests because it was founded by men committed to private property rather than social justice, individuals interested in protecting and promoting propertied class rather than the welfare of the entire population. Lobbying is simply a reflection of how the values and structure of the political economy.

Although lobbying as we know it today had its start during the last quarter of the 19th century, the history of lobbying in the US goes back to the Founding Fathers. Most of them were concerned about narrow or special interests prevailing over the “general will” as French philosopher Jean-Jacques Rousseau defined in a book by the same title where he outlines a version of social democracy that differs substantially from the Liberal model of John Locke whose goal was to promote propertied interests through a strong legislative branch. Although Locke was interested in preventing tyranny by Absolutist monarchs, he did not have a notion of the collective or general will as did Rousseau and was only interested in preventing tyranny at the expense of the propertied classes. This mindset prevailed among the Founding Fathers. Clearly, there were no advocates with any sort of political power for African slaves, Native Americans, women, non-Western European immigrants, and for workers and peasants. These people were either completely outside of political life or barely on the margins.

The framers of the US Constitution were white males representing the propertied classes of the late 18th century, but envisioned an open society where bourgeois opportunity rooted in merit would take hold in America as opposed to a system rooted in special privileges because of birth-right as was the case with the European aristocracy and/or links to the government that would favor one interest group over the other. At least this was the ideal, though in reality the First Amendment of the Constitution provided the window special interests needed to exert inordinate influence and prevail over the general will. While there was some lobbying at the central government level in the 19th century by banking, industrial, mining and railroad groups, most of the lobbying took place at the state and local levels, accounting for enormous political corruption as evidenced by cronyism in larger cities from Boston to Chicago where “machine politics” took hold.

During the Gild Age (1870-1900), which coincided with the American industrial revolution and the Westward Movement and Reconstruction, there was indeed enormous corruption, partly owing to lobbying. Politics became increasingly a business of catering to business of those politically connected at the expense of the rest of society from consumers to labor organizers demanding safe working conditions and fair wages so they could live above the poverty level.

The deterioration of politics as a mechanism promoting big business was something that middle class critics pointed out during the Progressive Era when many viewed lobbying as a detriment to democracy. The response by Republican and Democrat Progressives was to rationalize government, that is to say, expand it through more and larger bureaucracies and make it more merit-based so it could better serve capitalism as a whole, including balancing the interests of disparate sectors. A major goal of the Progressives was the overall growth of the capitalist economy with the state as the pillar of support while at the same time protecting the consumer to a small degree and addressing some needs of the middle class that viewed big business as predatory. This was at least the theory. In practice, it did not work because Gilded Age monopolies and oligopolies, which many Progressive critics decried, continued to prevail in formulating public policy, while government remained their protector.

From the outbreak of WWI until FDR took office, capitalism reverted to Gilded Age practices that helped bring about the Great Depression. Throughout the 1920s, lobbying became more organized and intensive. Operating in a pro-business climate, lobbyists used more high-pressure tactics to secure passage of legislation by targeting committees and regulatory commissions. With capitalism collapsing in 1929, the New Deal and WWII entailed greater regulatory measures and centralization of government. However, the trend to restore the preeminent role of business in public policy returned with the Truman administration. The Cold War followed by the “war on terror” became the pretext to permit as much laissez-faire latitude as possible so that capitalism becomes stronger.
Lobbyists and influence peddlers on behalf of capital became the new saints of the system from the Reagan-Thatcher decade in the 1980s until the present, despite mini-recessions in the 1980s and 1990s, and a major one in 2008. The Reagan myth of “big government is the enemy”, implying big business is “our friend”, was a signal to corporate lobbying that government was on their side ready to privatize public services, offer contracts, subsidies, and reduce taxes for the upper income groups. This was music to the ears of lobbyists, Democrat and Republican alike whose task Reagan made easier. The downfall of the Soviet bloc was an even greater boost to corporate lobbyists because they could argue that capitalism has endured the test of time and it is the only option in the world.

The absolute triumph of the market under globalization and neoliberal policies was so prevalent that not even after major scandals involving lobbyists from the 1990s until the present and even the global recession that lasted four years (2007-2011) made any difference to governments and politicians that more regulation was needed to address structural problems owing to laws and regulatory loopholes intended to permit banks, insurance companies and finance capital to amass capital at the risk of undermining capitalism. Because the state (taxpayer money and income transfer from the lower and middle class to the wealthy) was always available to bail out the clients of the lobbyists, why implement a rigid regulatory system, and even after some regulatory measures, why enforce them?

Ideology and Lobbying

The ideological orientation of the individual determines where they stand on lobbying as a detriment to democracy or simply a right of freedom of expression. What are the determinants of such ideological orientation is another topic for analysis, but the “dominant culture”, as projected through the media and educational institutions, plays a major role. Academic works rooted in classical Liberal or neoliberal thought about lobbying try to justify it in the same manner as the Supreme Court, using the First Amendment issue as the pretext for influence peddling by corporate interests. While the Supreme Court provides the legitimacy of lobbying and apologists of the system justify it using various ideological and political arguments, in the last analysis it is the power of capital that makes lobbying the force that it is in society.

Politicians, academics, the media and lobbyists argue that lobbying is simply another dimension of public affairs and a reflection of “democracy in action”. After all, environmental, gay rights, universities, the elderly via AARP, and all sorts of groups are just as free to lobby as are big banks and defense companies. Of course, the issue is one of scale and resources when comparing Wall Street to educational, social and environmental groups. Moreover, it is also one of institutional and ideological commitment to preserve the status quo and faithfully serve capital because politicians view capitalist lobbies as contributing to the economy, while the AARP, educational, social, and environmental lobbies are generally deemed as “costing” the economy. In essence, however, the real costs result from lobbying that seeks direct and indirect monetary privileges from the state so it does not contribute its share to the fiscal system.

Lobbyists have such power that it is difficult for a political candidate to win office going against powerful capitalists who have the means to finance campaigns and buy influence at all branches and all levels of government. Similarly, it is difficult for journalists, academics, think tanks and consultants to speak out against corporate lobbying because they know corporate interests enjoy wide influence in everything from and arts and universities seeking grants and foundation funds to the media interested in promoting the neoliberal ideology that results in capital accumulation. Individual self interest dictates that one remain silent at the very least, or join the lobbying crusade at most because behind it is big capital.

It is not the case that apologists of lobbying are ignorant of how money buys influence and leaves out the rest of society, any more than it is much of any issue that the vast majority of apologists are acting out of ideological convictions instead of simple self interest. While most of them have something to say about improving the lobbying landscape so that no single lobby becomes too powerful and limits are set so that the business of lobbying is well managed, all of them believe this is the way to conduct business and they view lobbying as another business investment for which society will have to pay the cost.

Operating within the framework of the liberal democratic system, reformers argue that there must be regulatory mechanisms of lobbying to prevent corruption, fraud, absence of disclosure, and conspiracy, all things people in a modern open society associate with authoritarian regimes. This has been the position of reformers from the late 19th century until the present. Meanwhile, all efforts from the Progressive Era until the present to “reform” the lobbying networks have failed if we judge by the fact that lobbyists often set the perimeters of legislation and Congress simply votes to affirm the choice of the lobbies.

Reformers advocating “fixing the broken system” are actually much more dangerous than right wingers or neoliberal apologists of lobbying who blatantly defend it and believe democracy is nothing more than a vehicle for capital accumulation and concentration, and anything against this is simply “un-American”. Reformers are dangerous because they deceive the public into believing there is hope under the existing system despite 150 years of experience that lobbying is an integral part of the political institutional structure and at its core.

Critics that want to abolish lobbying altogether include not just those on the left of the ideological and political spectrum, but some on the right who feel that politicians should be catering to capital without the need for lobbies that add to the cost of business. Entitled “Corruption, American Style”, a FORBES article (1/22/2009) argues that lobbying is not much different than “Third World corruption” where narcotics and other illegal activities are an integral part of the economy. “Con men, swindlers and cheaters pay bribes. Sophisticates hire lobbyists because lobbyists get better, more lasting results while only rarely landing in the slammer. We know intuitively that bribery and lobbying are related, and there are reams of academic papers that try to draw the line between legitimate issue advocacy and corruption."

Beyond the liberal-reformist argument regarding transparency, the issue that some conservative critics are raising is that lobbying in itself constitutes a form of corruption because select companies make payments to select politicians in exchange for specific favors granted. Again, it is not that critics from the right want capitalism weakened, but that they want no cost of passing legislation accrued to capitalists for such work must be carried out by politicians without a quid pro quo. There is also the issue of inter-sector competition involved here. For example, if the pharmaceutical lobby prevails it means that this sector takes a larger share of the economic pie because the rest of the business sectors must pay more in insurance costs to cover health care. If the Israeli lobby prevails, as it does over all other foreign lobbies, then it has a distinct and unfair advantage.

Without a doubt, there is a great deal of hypocrisy in the US where the image the media, politicians and opinion makers project is that official and private sector corruption is something that takes place in Africa, Latin America and Asia, but rarely in the advanced countries. While in many countries “baksheesh capitalism” is a way of life, the US decries such practice while it has legalized and institutionalized a system far worse in the form of lobbying. Whether an Egyptian businessman offers bribes to finance ministry officials to avoid paying taxes or the US corporate lobbies and exchange favors in order to strike a deal with congress and the White House to have a much lower tax rate for repatriation of their overseas profits the net result is exactly the same. In fact, I would argue that lobbying in the US, as well as Europe where it is just as widespread, is as a far more dangerous form of legalized bribery because it presents itself as an integral part of “democracy”.

Arguing that it is not possible reform a system that at its core has corruption as its mode of operation, leftists see lobbying as another dimension of capitalism. Leftist critics who want to abolish lobbying maintain that it is a reflection of the political economy and itself an industry that has a corrosive effect on representative democracy because its operations are intended to have the entire political system catering to the financial elites in society. The issue for these critics is not that the environmental lobby spent $5 million on congressmen while oil and gas lobbyists spent $25 million, so one buys less influence than the other. The issue is lobbying as a reflection of class interests must be abolished because the only ones served are the rich and those whose interested are undermined the poor who have no one representing them.

If people wish to defend “Constitutionally-protected” bribery legalized within the lobbying system that is their choice, but they can hardly argue that there is much difference between this system and the one they criticize in Russia or Turkey, for example, where a millionaire bribes public officials. It is true that in the US lobbying is more subtle than the crude bribery methods of other countries. Former officials from the State Department, Defense, Commerce and other agencies become consultants who in turn lobby on behalf of foreign governments and multinational corporations.

Realistically, there is no chance of abolishing lobbying, so reform is about the only option. Campaign finance reform is an issue that comes up every time there is an election as is the role of lobbyists. Unfortunately, nothing has ever been done about this for decades to eliminate the aura of suspicion surrounding lobbying. Yet, there are countless academic and media journals, and books hammering the same old argument about campaign finance reform as though “reforming” corruption, decadence, and deals between lobbyists and politicians will somehow transform it into the panacea of the political system. The “reform” measures that have been passed from George Washington until have done absolutely nothing. After the Supreme Court lifted limits on campaign contributions in the case of McCutcheon v. FEC in April 2014, The Washington Post ran a story about campaign reform in the last two centuries, essentially detailing the futility of reform that in the public mind means improving that which is decadent and corrupt by nature.
Identifying the Lobbyists.

In 2014, there were 11,800 “registered” lobbying groups and they collectively spent $3.4 billion on behalf of their clients. The “official registered” number of US lobbyists is about one-third of their counterparts in Brussels lobbying the EU for favors on behalf of banks and tech companies to energy and commercial fishing. Although lobbying is a brokerage service industry operating under the guise of “informing” Congress and government agencies, it represents the symbiotic relationship between the state and the private sector. To have a better view of how lobbying is actually dominant in the political arena, we need to examine some American lobbyists well known for providing “symbiosis” between government and the private sector.

John Podesta, famous for his connection with both the Clinton and Obama administrations, describes from an overview perspective his company’s services as follows: “Our clients range from small, cutting-edge companies to global corporations, sovereign nations to local municipalities, trade associations to non-profits, and our solutions and strategies for achieving all of their policy goals are innovative and smart. Bloomberg Businessweek calls the Podesta Group a "Beltway Blackbelt," we call ourselves an unmatched team of policy experts that brings decades of experience in all corners of the federal government, and on the campaign trail to bear. We work with Capitol Hill policymakers, recruit third-party allies, connect with the media and build coalitions to champion our clients' agendas - in short, we know how to get things done.”

Besides serving as chief of staff for Bill Clinton and Counselor to Obama, Podesta head of one of the largest lobbying companies, chairs the Hilary Clinton campaign for 2016. He is one of the key people in the Democrat think tank Center for American Progress and a visiting scholar at Georgetown University where other lobbyists have and still are working, just to add a bit of academic legitimacy to a profession that in essence acts as a broker for big business and foreign governments. Although Podesta is a Democrat and used the party to advance his lobbying business, he will lobby for any corporation no matter its political affiliation.

There are of course many Republican lobbying firms that are even more blatant in their ties with government than Democrats. In January 2011, Utah Senator Mike Lee hired an energy lobbyist to be his chief of staff, raising questions about such a direct link between politicians and lobbyists. According to the Salt Lake Tribune: “They have also both (the senator and his chief of staff Spencer Stokes) worked for Energy Solutions and Stokes is still registered to lobby for the nuclear services company, which operates a radioactive waste landfill in Utah. Stokes is currently registered to lobby for 18 organizations in the state, including the Utah League of Credit Unions; Management & Training Corp., a private prison company; and a number of energy interests, including utilities and the Utah Association of Energy Users.” Huffington Post, January 3, 2011)

Senator Lee was honest enough to acknowledge through his actions that his office belonged to corporate interests, even while he was in office, no matter what critics thought of him. Other politicians wait until they actually leave office to go to work as lobbyists. This was the case with former Senators Trent Lott (Republican) and John Breaux (Democrat). In 2008, their lobbying firm made one million dollars, which was a mere 13% of their income for the year, serving such a diverse group of clients as AT&T, Northrop Grumman, Nissan North America, Tyson Foods and Shell Oil. According to published reports, the Lott-Breaux lobbying firm actually delivered no service to these companies, and this was by no means the only lobbying firm doing nothing but receiving money from corporate clients who simply wanted these firms on their side. Despite their rather conservative leanings on foreign policy, one of their clients was Russian-owned Gazprombank, Russia’s third largest bank controlled by the Russian state-owned Gazprom energy company against which U.S. imposed sanctions in July 2014. (“Empty Disclosure” by Lindsay Renick Mayer, March 19, 2009; OpenSecrets.org)

For decades, the tobacco lobby enjoyed such massive influence over politicians that it was difficult to secure label warnings, curbs on advertising and marketing campaign through various means from paying motion picture producers to have actors smoke like chimneys to other stealthy means of projecting an image that smoking was great for stress relief and did not cause cancer. When it became too costly for government (taxpayers) and insurance companies as well as employers paying part of the cost for their employees to subsidize cigarette smokers owing to health care costs, then the government began to regulate.
Of course, the massive lawsuits against tobacco companies also helped in this regard. The tobacco lobby represents but one aspect of how very narrow interests intended to maximize profit work against the welfare of the entire society, and how money buys political influence until other capitalist interests converge to oppose the lobby promoting its own cause. The tobacco lobby spent at least $22 million in lobbying in 2014 compared with $73 million in 1998. This does not include money spent by individuals companies on individual political campaigns.

The history of the tobacco lobby may reveal a lot about the “junk food and beverage” industry lobby because of healthcare costs as the common factor. The only political counterweight to powerful lobbying within the context of the market system is the convergence of other capitalist interests against a specific sector that cuts into the profits of several others. It is very revealing that it is not the welfare of the people that government takes into account but inter-sector competition.

Who Benefits from Lobbies?

In 2012, billionaire Republican presidential candidate Mitt Romney revealed that he was taxed at the rate of 14percent. Romney’s tax rate was considerably lower than 47% of Americans who pay higher taxes but do not have the income and assets of billionaires like Romney. This absurdity in poorer people paying tax rates than the rich is the result of lobbying. In 2010, the Sunlight Foundation conducted a study to determine how lobbying yields benefits to corporations. The result is that America’s largest companies enjoyed a tax reduction amounting to $11 billion in 2010 when compared with 2007. The study concludes that return on the lobbying investment on behalf of the companies involved was a staggering 2000%. (“Lobby More, Pay Less” by Lee Drutman. 16 April 2012 Sunlight Foundation.)

Besides the direct tax savings as a result from lobbying activities, corporations also benefit indirectly through subsidies that the government provides for some of the largest companies, including General Electric, Boeing and others of similar magnitude. Such subsidies are not only at the federal level, but also at the state and local levels amounting to billions of dollars annually, all of it in the name of neoliberalism but in essence corporate welfare.

To maintain a plant in Seattle Washington where the model Boeing 777X is made the Boeing Corporation received a staggering $8.7 billion in tax subsidy from the state as a result of lobbying. In addition to lower taxes and corporate subsidies that account for the phenomenon of corporate welfare, corporations also enjoy reduced regulation as a result of lobbying. For example, the food and beverage industry valued at more than one trillion dollars has been lobbying against regulatory measures that would reduce the rate of obesity and the ensuing costs to the health care system. With one-third of the population suffering from obesity and 17% of children, currently the US is number one among advanced nations. Because it is very profitable to make derivative food products from soy and corn used in junk foods, the food/beverage industry has spent enormous amounts on lobbying and campaign contributions to make certain there is no regulatory regime that obstructs this trend.

For large corporations in the domain of energy – coal, natural gas and oil – as well as chemical and pharmaceutical industries, lobbying is important to maximize profit by lowering costs owing to environmental regulation. The banking industry is just as active in lobbying government to permit greater freedom of its activities. (Mathew Sherman, “A Short History of Financial Deregulation in the United States”. Center for Economic Policy Research, 2009). As a result of lobbying efforts, Republicans and Democrats proceeded with banking deregulation in 1994. The result was the banking crisis of 2008 when the banks brought down not just the US economy but the world economy. All the risk rested with the taxpayers while the profits went to the bank executives and wealthy investors.

Deregulation meant massive bank profits at the cost of destabilizing the economy, but it does not stop there. Banks have been used as conduits to transfer billions in black market money emanating from narcotics to massive and chronic bribing involving FIFA international soccer games. The Justice Department’s FIFA investigation is looking into how Wall Street, including CITI and J.P. Morgan, were involved in the multi-million dollar money laundering operations of FIFA. Despite the hundreds of billions that banks have paid in fines and despite the crash of 2008, which started with Lehman Brothers in late 2007, they continue to lobby for less regulation and prevailing because of the money they spend to buy political influence.

Besides corporations deriving benefits as a result of lobbying, one of the most controversial lobbies in modern history is that representing Israel. One reason for its preeminent influence has been the combination of media, political and business support as well as voting power that make it very difficult for any politician to resist its pressures. Although the Israeli lobby acts on behalf of a foreign government, its success is that it presents its agenda as “the national interest of the US”, as though the US is an appendage of Israel and not a sovereign nation. Through its alliances with right-wing and Christian fundamentalist influence peddlers, and especially with defense industry and its lobbyists, the Israeli lobby has been able to create what many critics and supporters believe is the most powerful lobby organization in American history. One reason is the reluctance of most people to criticize because of fear they may be labeled anti-Semites. The question is whether this has helped to further the broader interests of the US or harmed them by helping to drag the country into regional Middle East conflicts and costing American taxpayers trillions of dollars from the 1940s to the present.

In September 2004, a number of media outlets dealt with the Israeli lobby and its links to Douglas Feith, Undersecretary of Defense for Policy. Fellow neo-conservatives well-connected with the Jewish lobby, Richard Perle and Paul Wolfowitz made sure Feith secured the Pentagon job, though it is not known the degree to which they were involved with the Israeli lobby and handing over official confidential documents to Israelis. Feith and his office were involved in an intelligence breach compromising US foreign and defense policy, but a pro-Israel administration refused to move forward with the case.

Neo-cons, some of whom are Jewish, were well connected to vice president Dick Cheney's office and to ultra-right wing Christian fundamentalists, all defenders of the Israeli lobby. Although the Justice Department investigated Feith and his office staff, it never found him guilty of anything. However, the issue is much larger than the specific perimeters of this case involving Feith who went on to work for pro-Israel causes including lobbying against the US-Iran nuclear deal. At the core of the controversial Israeli lobby is not the lobbyists working on behalf of the government in Tel Aviv under the cover of American conservatism, but U.S. foreign policy.

Politicians, the media, and pundits analyzing/propagating in the media have no problem with the Israeli lobby, focusing instead on China and its rising influence through lobbying efforts. There are many books and articles on the controversial Israeli lobby that many regard as sacrosanct and others decry as a situation where a tiny country largely determines US foreign policy from Truman to the present. The Israeli lobby is not the only one influencing US policy, and it must not be used as a pretext for the structural problems of lobbying. There are many other foreign lobbies pushing for everything from improved trade to arms deals and economic aid. One reason that the governments of Taiwan and Kuwait funded most of the Memorial Day activities in Washington in 2015 is because they want continued preferential treatment from US in trade, investment, foreign and defense policy.

The foreign lobbying process involving millions of dollars exchanging hands means that policy is not made based on the merits of the case, but on who pays and who does not. As the case of Senators Trent Lott and John Breaux illustrate, these people are hired guns for just about anyone that the US government would permit as “legitimate”. The issue of money is at heart of the Israeli lobby as well as less influential ones that know the way to buy policy is to pay for it and use other lobbies, especially the defense industry
In 2007 the Justice Department reported there were approximately 1,700 lobbyists representing more than 100 countries before Congress, the White House and the federal government all required to register under the Foreign Agents Registration Act (FARA). The Department of Justice has never enforced FARA evenly, and only used it when targeting countries it does not favor. Such selective enforcement of FARA is a reflection of the overall policy toward lobbying. The bottom line here is that the absence of political will results in the absence of enforcement of the law because the goal is to perpetuate a lobbying system that perpetuates the political regime serving the existing political economy and social structure.

Conclusions

All efforts at reform have come after the failure of some well-known lobbyists were involved in scandals or failing to register as such, or disclosing their firm represents foreign governments and they did not register as foreign agents. In 2006, Jack Abramoff, one of the most powerful lobbyists pleaded guilty to charges of fraud, corruption and conspiracy. This was a very big case that revealed the depth of corruption in the business. U.S. Government Accountability Office research of lobbying acknowledges that regardless of laws and enforcement, the system is flawed. During the Clinton administration, for example, of the 13,500 people lobbying Congress, 10,000 were not even registered as such! This does not include individuals working for corporations that lobby politicians individually.

Although this is hardly intended as an excuse, lobbying is not something that takes place only in the US. The European Union has its own set of problems with various forms of lobbying ranging from cronyism to money directly from companies and wealthy individuals to politicians in all countries from France to Greece. In some respects, the EU is as bad if not worse than the US, which simply confirms that lobbying is a universal phenomenon under capitalism and hardly a unique political or cultural trait in America. According to Transparency International only 7 out 19 EU countries even have laws and regulations on lobbying, and most of that is not working.

This explains everything from tax breaks for the rich to massive capital transfers and illegal activities involving money changing hands from businesses to politicians and public officials. This is not a problem confined to the periphery southern and Eastern European countries, but actually found at the northwest core countries where capitalism thrives and where most of the corruption takes place because of the headquarters for some of the world’s largest banks and multinational corporations with a history of corruption. When we trace the money trail that finds its way to politicians, government ministers and public officials, we realize that legislation and regulatory measures pass because “greased wheels” are behind it.

Nevertheless, EU politicians like their US counterparts try their very best to argue that everything they do, including tax reductions and tax loopholes for the wealthy “is best for society” and there is no other way. There are an estimated 30,000 lobbyists in EU headquarters Brussels, Belgium spending more than one billion euros to buy political influence. Their influence over policy impacting everything from trade and monetary policy to energy and shipping is estimated at 75%. (UK The Guardian, May 8, 2014) The interesting thing about all of this is that the EU taxpayers are actually subsidizing the lobbyists who secure subsidies for their clients.

The issues before critics of lobbying include transparency, consumer protection, degradation of the environment, health and safety, equal access to politicians, and a regulatory regime that is intended to result in enforceable and ethical conduct on the part of both lobbyists and those in government. This is the reformist camp of critics that has its ideological roots in the late 19th century when the Industrial Revolution and finance capitalism needed to enjoy greater control of public policy so they could realize greater profits. Reformers believe in rationalizing capitalism so it can work best in a pluralistic society where the middle class needs protection, especially in the 21st century when communications means are so readily available and it is difficult to conceal the role of lobbies.

Businesses and foreign governments create coffers and slush funds to elect or reelect politicians, or at least influence their voting on specific issues or to prevent measures from passing because they would cut into their profits. Through political action committees and through loopholes and favors from politicians, lobbyists provide the financing and media influence politicians need to win or stay in office. Most of this is legal, some of it is not and we do not know to what degree, but the lobbying system as a whole is a reflection of how the political economy operates. Lobbying is built into the capitalist system to further strengthen and concentrate capital and maintain the social order. Efforts of reformers to rationalize the economy and balance interests of various sectors of production along with the interests of social classes in order to maintain a pluralistic society that politicians can still call “democracy” are a distraction for the benefit of the public that needs to believe we live in a democracy.

The Battle against FIFA: Combating Corruption or Combating Power Transition?

Amit Gupta


The current allegations of bribery and corruption against some executive members of the Federation of International Football Associations (FIFA) are important because both national and international sporting bodies have to be effectively policed to display transparency and good governance.  But there is also a subtext to this war against FIFA: it is the struggle for power between the Union of European Football Associations (UEFA) and the rest of the world that mirrors the ongoing power transition in the international system.

Corruption is not a new phenomenon in international sporting bodies given how allegations of cash based lobbying has been ongoing for decades in both the Olympic movement and in the award of the World Cup. Similarly, the International Cricket Council was pushed to adopt anti-corruption measures once it was revealed that match-fixing was rampant in international cricket games.  

National sporting bodies have been no better. They not only permit corruption—Italian soccer has a long history of bribing referees and fixing matches—but also engage in egregious violations of political and human rights.  The United States Olympic Committee rigged the vote in 1936 to ensure that the US participated in the Berlin Olympics (there were calls for a boycott and the decision to participate passed with a narrow vote of 58-56) while the Australian, English, and New Zealand cricket boards worked hard to retain apartheid South Africa in international cricket.  It took mass protests by students, church groups, and trade unions in England (1970) and Australia (1971-1972) to stop cricket tours by the Springboks. The respective cricket boards kept talking about not mixing sports with politics. 

FIFA has long been accused of being opaque and arbitrary in its dealings and the US indictments, while over relatively small amounts by American standards (after all $150 million in bribes and money laundering pale in comparison to the billion dollar fines that US investment bankers have paid the Justice Department to obtain a get-out-of-jail-free card) will encourage other countries to investigate their national and regional football associations. But will it bring about meaningful changes in these institutions, particularly greater transparency in their operations? 

Given how sports are tied to nationalism and corruption and the former acts as a catalyst for the latter, the answer is no.  

The prestige associated with hosting a World Cup or the Olympics will always tempt nations to use different illegal means to achieve their goals.  After all, despite four decades of measures and sanctions, doping continues in many sports. From a historical perspective, corruption in cricket did not begin with the match fixing scandals of the 1990s. It began with the 19th century British aristocracy betting on cricket games and paying professional cricketers to throw games. So one should not hold one’s breaths on substantive structural changes in the institutions of international sporting.  FIFA will survive and the world will view the organisation and its current president Sepp Blatter as victims of bullying by the lone superpower.  

This is because FIFA is one of the battlegrounds for the power transition struggle currently ongoing in the international system.  Just as China is building new international institutions such as the BRICS bank and the Asian Infrastructure Investment Bank to create a parallel set of international economic institutions in which it is prominent, a move is afoot in the footballing world to reduce the dominance of the European nations.  Thus, Qatar has become the battleground between a traditional European-dominated footballing order and a new one being constructed by the rest of the world.  

The Europeans are not keen to play in Qatar because it would wreck their domestic schedules—the Qatar World Cup is to be played in December because of the extreme summers in that country (the fact that Nepalese workers have been dying in construction accidents in Qatar adds a convenient human rights rationale to UEFA’s protests).  FIFA and the Blatter presidency, however, are keen on giving a World Cup to the Arab world and Blatter’s overall game plan is to increase the number of non-Western slots at the World Cup finals—at the expense of European countries that are disproportionately represented. Cancelling the Qatar cup is the first step in re-establishing European control in the organisation, something that has been slipping away for the last four decades.

European over-representation in the World Cup was particularly glaring till the early 1970s when the Brazilian Joao Havelange took over the presidency of FIFA by promising Asians and Africans more slots at the finals. Under successive European presidents, FIFA had shut out the Asians and the Africans. In the 1966 World Cup, North Korea was the only country to represent Africa, Asia, and Oceania (famously beating Australia in a playoff game to reach the finals); in 1970, Morocco was the sole representative from Africa, and Israel represented the whole of Asia. This hardly made it a universal competition. 

Blatter’s plan is to reduce European slots to get more Asian and African countries into the finals and this is a long term threat to European interests.  Thus, the battle being waged in the UN and the International Monetary Fund for greater non-Western representation is the same being waged in FIFA.  The smart money in this is on FIFA and Blatter (if he survives Friday’s vote for president) since he has the support of Latin America, Asia, and Africa. Furthermore, with the US indicting football representatives from Costa Rica and Uruguay, there is likely to be closing of ranks because the US will be seen to act as an enforcer for the Europeans.  

Therefore, the battle for FIFA is not just one of petty corruption (FIFA after all has the same market value as a medium sized US business) but also another battlefront in the ongoing power transition struggle in the international system. 

The Divergent Series: Insurgent—More talent and resources squandered

Christine Schofelt

The second film in the Divergent science fiction series, Insurgent, set in a post-apocalyptic Chicago divided into factions, seems hell-bent on negating any redeeming qualities displayed in the first film, about which we wrote last year:
“Lionsgate, which produced Divergent, has also been responsible for the teen-aimed Hunger Games and Twilight franchises. The heroine and story, however, are very different in this work. The low-key presentation when compared to the bombastic action scenes and spectacle of Hunger Games, and the broader outlook of the heroine than those of either set of films sets Divergent apart—and above.”
This installment, directed by German-born Robert Schwentke (RedThe Time Traveler’s WifeR.I.P.D.), abandons any attempt at nuance or originality and tritely falls back on themes such as teenage romance, family betrayal and grabs for power at the top. Released simultaneously in 3D and regular format, the film is rife with unnecessary and repetitive special effects involving swooping from great heights, narrowly missing sharp edges and slow-motion breaking glass. This is a shame.
What story there is, leaving aside the obligatory budding romance between the main characters, Tris (Shailene Woodley) and Four (Theo James), involves the group of escaped teenagers hiding from Jeanine (Kate Winslet), the leader of a coup in which the Erudite class has taken power. Running from sector to sector, they are eventually pinned down and Tris gives herself up to save a number of young people from committing suicide while under mind control through brain implants over which Jeanine wields power. I wish I were making this up—sadly, this is what it’s come to.
Along the way they encounter Four’s mother, Evelyn (Naomi Watts)—previously believed to be dead—who has an eye on making a bid for power herself. As in the Hunger Games series, the message advanced here is that power, no matter the class holding it, is corrupting and to be shunned. There is no differentiating between those controlling society’s resources—including the power over life and death itself—and those who are struggling to resist oppression and build a different world. Evelyn is as malicious and violent as the established leaders against which the insurgents plot.
For the teenagers, the central issue becomes the need for repeated and narrow escapes and a focus on the possibility of a stolen kiss here and there. This is disappointing, considering that the first Divergent film made an effort to suggest that Tris considered herself part of a larger society, however her role was to be officially defined. Here we have a retreat, with Woodley’s character forced into the simplistic role of a martyr.
The effective neutering of this character, after such a promising beginning, deserves to be thought about. While Divergent was far from flawless, it suggested some stirrings, some hints of deeper thought than had been typical in the fare aimed at teenagers in recent years. Director Neil Burger (The Lucky Ones) may have had something to do with that.
This generation, growing up without the memory of a time when the US was not at war, or threatening to go to war in some quarter of the world, and for whom the economic situation has become increasingly dire—including record and rising numbers of people their own age living in abject poverty—responds very vocally and powerfully to the idea of resistance, and even social revolution. But what do they get instead? Time and again, they are presented with heroes and heroines who engage in fist fights, knife-fights and perilous physical challenges to be solved through teamwork—but to what end?
In the current wave of films aimed at the younger generations, the upshot for the most part of any change in the political system is simply more of the same. While that may reflect the reality of the moribund two-party system in the US, where one corporate-sponsored warmonger replaces another, it does not offer any way out of the present crisis, and indeed it is not intended to. The protagonists generally elect to delve into matters concerning those directly connected to themselves, to turn further inward and to abandon the wider social world to its fate. On the part of the writers and directors, this expresses some combination of genuine despair and a self-serving, reactionary political agenda.
The number of films and books aimed at this age group that portray draconian—if not openly fascistic—post-apocalyptic societies in which children are pitted against each other for survival by an overclass is staggering and continues to grow.
In each instance, we are expected to swallow another iteration of the story wherein a few escape (for a little while) before coming to recognize that the supposed “revolutionary” saviors are just as dreadful and repressive as the existing rulers. They eventually make some sort of peace with the society that comes after the amorphous, fast-forwarded-through destruction of the one from which they fled. In most cases many of the symptoms are removed (we no longer have to go to The Fight, The Sector, etc.), but there is no explanation of what kind of culture has replaced it, or how.
Teenagers and young adults—and all of us, come to that—deserve better than this. We need characters drawn from life, not super-heroes, not saints, but recognizable human beings with recognizable strengths and weaknesses, in works that hold up a mirror to life. Many young people are entering into opposition, with varying degrees of consciousness, against the existing social order, its inequality, its injustice, its barbarism.
These films and film heroes have fallen far behind.

Spanish telecom workers strike against “precariousness and slave labour”

Vicky Short

Telefónica-Movistas telecommunications technicians and installers in Spain are continuing their two-month strike.
Since May 23, workers have been occupying the Mobile World Centre, formerly the telephone exchange, in the centre of Barcelona, to demand the end of “precariousness and slave labour.”
The workers are striking for higher pay rates, 30 holidays per year, two days rest per week and a proper 40-hour week. In many cases, they are paid on the basis of two or four hours of work per job, when in reality it can take eight or 10 hours, the difference being paid as cash under the counter.
This is the second time workers have occupied the building. Earlier this month, the first occupation was ended after strikers agreed to meet with the company. Management reneged on the deal, saying they would only recognise a document agreed with the main trade unions, CC OO and UGT, in negotiations behind the backs of workers.
The telephone exchange was made famous by the “May Days” events in 1937 during the Spanish Civil War.
The technicians on strike are employed by contractors and subcontractors including Abentel, Cobra, Comfica, Cotronic, Dominion, Elecnor, Itete, Liteyca, Montelnor and Teleco. The unions claim that about 30,000 of the 40,000 workers in around 200 such companies have supported the strike.
The strike began on March 28 in Madrid and was organised by the Alternative Workers Union (Alternativa Sindical de Trabajadores, AST). It was later joined by other unions—the CGT (Confederación General del Trabajo), the Basque separatist trade union LAB (Lanfile Abertzaleen Batzordeak) and Co.Bas (Comisiones de Base)—a split from the Communist Party-aligned Comisiones Obreras (CC OO). By April 7, the strike had become national.
The outsourcing of work by Telefónica has helped the company make multi-billions in profits every year. While the number of customers has risen from 10 million in the 1980s to 300 million today, making the company one of the largest global telephone operators, the number of directly-employed permanent workers has fallen by 50,000.
The strikers explain how for years Telefónica and its contractors have been replacing their permanent workforces with “chains of subcontracting, in which the conditions of every new echelon gets more precarious than the previous one.”
There has also been a big increase in the number of “self-employed workers,” who have no entitlement to unemployment benefits, holidays or pensions. In many cases, they have to provide their own Telefónica uniforms, tools and vehicles, which they have to run and maintain themselves. They often end up earning as little as 600 to 800 euros a month.
The two main trade union federations, the CC OO and the Socialist Party (PSOE) aligned UGT (Unión General de Trabajadores, General Workers Union), eventually joined the strike, only to stab it in the back. After calling their members out on six separate one-day stoppages in late April, they unilaterally signed an agreement with Telefónica-Movistar and several of the contract companies, which ignored the main demands of the majority of workers called out by the smaller unions. Strikes planned for May 6 and 7 were called off.
The CC OO-UGT agreement included new collective bargaining procedures, guarantees of employment, productivity and the levels of subcontracting. Most important for the unions was the formation of a new “joint committee for dialogue” (“commissión paritaria de interlocución”). This comprises representatives from the two unions, Telefónica and the contracting and subcontracting companies. The committee and its associated substructures will provide secure and well-paid employment for scores of trade union bureaucrats, whose role will be to police the agreement.
The CC OO and UGT justified their betrayal by claiming that the strike by the other unions was illegal (i.e., not called by themselves). As a result, they have abandoned the strikers and their supporters to their fate and succeeded in dividing Telefónica workers from those employed by the contractors. This is a tactic in which both the CC OO and UGT are past masters—having used it in disputes at Panrico, Delphi and the air traffic controllers, to name but a few.
The strikers remain defiant and buoyed up by the tremendous solidarity they are encountering, but the CC OO and UGT betrayal and the perspective of the Alternative Workers Union and other smaller unions are putting the strike in danger. They receive no strike pay and survive on contributions made by other workers. Their economic situation is becoming desperate, with some having to resort to food banks.
The strike has been met with virtual silence on Spanish radio and TV stations. It only received coverage on the occasion of the CC OO/UGT-Telefónica agreement. The strikers have set up a website and produced a video appealing for it to be shared widely.
The alternative unions are either split-offs from the main federations and aligned with different sections of the Stalinist-led United Left (Izquierda Unida), the Pabloite Anticapitalistas, the state capitalist Militante or dissidents from the PSOE. They tell striking workers that only if they are more “militant” and make more sacrifices, can they pressure Telefónica and the contractors to make concessions, while they are also calling for the Barcelona city council, controlled since elections on May 24 by a coalition of pseudo-left and pro-independence parties including Podemos, to cancel its contracts with Telefónica.
The reason for the transformation of the unions into tools of management and government is not simply due to the widespread corruption of their officials. The degeneration of the unions is an international phenomenon and has deep objective roots in the changes in world economy.
The globalisation of production has undermined the framework of all nationally-based social and labour market policies. While the trade unions in the past could apply pressure on companies and achieve at least partial improvements for the workers, today it is the exact opposite. Now they blackmail the workers to accept cuts to wages, benefits and working conditions to secure a competitive advantage for the corporations.

Colombian peace talks continue amid renewed combat

Bill Van Auken

Negotiations in Havana, Cuba between the Colombian government of President Juan Manuel Santos and the FARC (Fuerzas Armadas Revolucionarias Colombianas) guerrilla movement resumed Friday, despite repeated government bombardments that have claimed the lives of dozens of FARC members and a suspension by the armed opposition group of a five-month-old unilateral cease-fire.
The talks, which have been developing over the past two years, are ostensibly aimed at ending an armed conflict that has claimed the lives of nearly a quarter of a million Colombians since the FARC’s founding in 1964 and as many as a million since the onset of the undeclared rural civil war known as la violence in 1948.
In an apparent signal that the Santos government is serious about accelerating the so-called peace process in Havana, it has dispatched its foreign minister, María Ángela Holguín, and Gonzalo Restrepo, one of the country’s most powerful capitalists, to the negotiating table. Major big business interests, including oil companies in which Restrepo is a director, see an end to the armed conflict as vital to their profit interests.
Officials announced on Friday that the government and the FARC have begun working together on a joint program to locate and deactivate land mines placed throughout the country by both sides in the conflict. FARC members and a Colombian army battalion began collaborating on a pilot de-mining program in the northern department of Antioquia, even as government aircraft continued slaughtering FARC members elsewhere.
In the past week, air strikes have killed over 40 members of the guerrilla movement, including, Jairo Martinez, a participant in the Havana negotiations, who had returned to Colombia to inform members of the FARC about the state of the talks.
The FARC has charged that in at least one of the air strikes, government troops subsequently attacked the bombed encampment, finishing off the wounded execution-style.
The government has cast the renewed air war as retaliation for an April 15 armed clash in which 11 Colombian army soldiers were killed in the southwestern department of Cauca.
The military, the government and a servile Colombian media all cast the incident as an unprovoked massacre of defenseless, sleeping soldiers. People in the area, however, have reported that the incident involved a pitched battle that continued for several hours and condemned the army for bivouacking its troops in a local sports stadium, close to a residential neighborhood. There were other reports that the battle was the outcome of protracted army harassment of the FARC guerrillas. A judicial investigation has been launched to determine whether Colombian army officers deliberately falsified the events in Cauca.
Sections of the military as well as the political right, including those aligned with former Colombian president and longtime US ally Álvaro Uribe, are openly hostile to the negotiations with FARC, seeking to exploit them as a means of further weakening the guerrilla movement while backing renewed military attacks with the aim of provoking a more decisive confrontation.
The Colombian security forces have developed into a massive state within a state thanks to the pouring of billions of dollars of US military aid into the country under the umbrella of “Plan Colombia.” A program launched under the Clinton administration as part of the “war on drugs,” it was quickly widened to include the war against the FARC and to fund and arm regular and irregular forces that have carried out ruthless and bloody repression against the Colombian working class and peasantry.
These elements have no desire to see an end to the war, which for many has been a very profitable business, while serving as the pretext for generalized political repression. There are also concerns within the senior echelons of the security forces that there could be legal repercussions from the many massacres, assassinations and other crimes carried out against the population going back decades.
Among the more recent of these crimes was the so-called “false positive” campaign in which military units rounded up impoverished Colombians, executed them and then dressed them in uniforms in a bid to pass them off as slain guerrillas.
In an open letter this week, Timoleón Jiménez, the leader of the FARC, known as “Timochenko,” declared that it was “obvious that there is a smear campaign against the Santos government aimed at weakening it and forcing it break off the peace process.”
The letter reflects a broader trend within the so-called “left” in Colombia, which has posed the need to support the santistas (the big business political faction led by Santos) against the uribistas (Uribe’s backers).
While there no doubt exist tactical differences and conflicting financial interests between these two layers, there is no fundamental disagreement between Santos and Uribe, whom Santos served as defense minister. Both are committed to defending the interests of foreign and Colombian capital against those of the country masses and to continuing the close political alignment between Bogota and Washington.
While the FARC as well as the countries mediating the Havana talks—Cuba and Norway—have repeatedly called for a cease-fire on both sides, Santos has refused, deferring to the military and its refusal to halt armed attacks until a full treaty is signed.
The FARC’s aim is to turn itself into a new bourgeois party after militarily demobilizing. While the negotiations have reached accords on rural reform, political participation and drug trafficking—which became a principal source of revenue for both the FARC and the right-wing paramilitary groups aligned with the military—there are still no agreements on how crimes carried out by both sides will be adjudicated and on how the FARC fighters will be demobilized and integrated into the country’s political process.
An earlier attempt to achieve the same goal turned into a bloody debacle, when sections of the FARC joined with the Colombian Communist Party and other groups in forming an electoral front known as the Union Patriotica in 1985. Two of the party’s presidential candidates, dozens of its elected officials and some 5,000 of its members were murdered in a campaign of political extermination by the security forces and right-wing paramilitaries.
In addition to the threat of another such bloodbath, the FARC leadership also fears that demobilization could be followed by Colombia’s extradition of leading members of the organization to the US to face trial as “terrorists” or drug traffickers. This was the fate of Simon Trinidad, a leading FARC commander who was captured in 2004, extradited to the US and convicted on terrorism charges, for which he is now serving a 60-year sentence in a maximum security federal prison in Colorado. FARC negotiators in Havana have insisted that Trinidad must be allowed to participate in the talks.
The guerrilla group “hailed” the appointment by the Obama administration earlier this year of a US envoy to the Havana talks, declaring Washington’s participation in the talks “a necessity, given the permanent presence and incidence that the United States has had in the political, economic and social life of Colombia.”
Tapped as the Obama administration representative was Bernard Aronson, a former undersecretary of state for inter-American affairs under the Republican administration of President George H.W. Bush. Aronson, a Democrat, was elevated to the position after becoming a leading advocate for US funding of the CIA-backed contras in their terror war against Nicaragua.
Aronson began his career as a political operative within the so-called reform leadership of the United Mine Workers of America in the 1970s. He was subsequently hired as an aide within the Carter administration. He has more recently headed up a private equities firm and served as an advisor to Goldman Sachs.
After his arrival in Colombia, Aronson announced that Washington “is not playing the classic role as mediator, nor is it a neutral figure.”