Islam is not a religion of peace

Taslima Nasreen

Don’t ignore the saner voices of moderate Muslims

SA Aiyar in The Times of India

There is much in common between those who hit Paris last week and Mumbai on 26/11. Let nobody pretend, like elements of the left, that Paris was just revenge against Western imperialism. ISIS aims to become the biggest imperialist of all, re-creating the ancient Islamic empire from Portugal to China. The Ottoman caliphate once came close to conquering the whole of Europe, and ISIS would like to finish the job. It claims a divine right to kill those who come in the way — Arabs, Jews, Americans, Europeans, Indians or anyone else.

UP home minister Azam Khan outraged many by making excuses for the Paris killings. He said this was a reaction to the actions of global superpowers like America and Russia. “History will decide who is the terrorist. Killing innocents whether in Syria or Paris is a highly deplorable act… But if you created such a situation, you have to face the backlash too.”

This determination to justify the attack, while grudgingly condemning it, is hypocritical communalism. It has parallels with the grudging criticism by BJP leaders of the lynching of the Dadri Muslim accused of eating beef. Tarun Vijay wrote that the lynching would indeed be terrible if it turned out that he had only eaten mutton. Culture minister Mahesh Sharma claims it was just “an accident.” Former MLA Nawab Singh Nagar said those who dared hurt the feelings of the dominant Thakurs should realize the consequences, and claimed that the murderous mob consisted of “innocent children” below 15 years of age. Srichand Sharma said violence was inevitable if Muslims disrespected Hindu sentiments.

The inability of these BJP leaders to condemn the lynching outright is matched by Azam Khan’s inability to condemn the Paris attackers outright. Communalists cherry-pick events from history to claim they are victims, with the right to vengeful retribution. Sorry, but groups across the world have been both attackers and victims. Through history, imperial conquest, killing and loot was considered great (hence Alexander the Great, or Peter the Great). Modern notions of civil rights, secularism and nationhood did not exist. Might was right, indeed greatness.

And so there were Muslims who conquered and plundered, and other Muslims who were at the receiving end. Christian conquerors created large empires by the sword, and were in turn subjugated by others. Hindu, Chinese, Mongol, Arab and African kings killed and looted for personal aggrandizement, and in turn were killed and looted.

Communalists harp on events in which they were victims, ignoring others where they were victimizers. ISIS and Azam Khan repeat the victimhood theme of Muslims in the 20th century, complaining of being bombed and dominated by the West, and claiming that revenge is both justifiable and inevitable. They are unable to see themselves also as victimizers who slaughtered and looted for centuries, from Portugal to China. Nor will they accept that victims from Portugal to China have a right to revenge.

Right message: Last week’s fatwa against ISIS signed by 1,070 Indian imams and muftis deserved more coverage

A sane, safe society is not possible if every community wants to avenge events of the past. Every community needs to accept that it has been both a victimizer and victim, and leave the past behind. Some communities have succeeded in doing this — notably Germany after World War II — and that has been the basis for civilized progress. The contrast with ISIS could not be greater.

While the media has rightly focused on Azam Khan, they have ignored the much saner response of moderate Muslims. It’s wrong to constantly highlight communal Muslims and downplay nationalist ones.

TOI last Wednesday reported “the biggest fatwa ever” against ISIS, signed by 1,070 Indian imams and muftis. The fatwa, which condemned ISIS categorically as “inhuman” and “un-lslamic”, has been forwarded by Abdur Rahman Anjaria of the Islamic Defence Cybercell to the UN, several foreign governments and the Prime Minister’s Office. Anjaria says the fatwa is the biggest ever initiative by Indian ulema to reject the dangerous ideology of ISIS, which “has disgraced the name of Allah and the Prophet….It is the duty of every Muslim to join the fight to defeat it.”

I think this news should have been on page one in every newspaper. Instead it was hidden in the inside pages of the Times of India. So was another small report on a protest meeting in Delhi by the Jamiat Ulama-i-Hind, to condemn the strikes in Paris, Turkey and Lebanon in the name of Islam. Without naming Azam Khan, its general secretary, Maulana Madani, said “We completely dismiss the action-reaction theory propounded by some persons.”

Prime Minister Modi needs to highlight and cite such moderate views. It’s not enough to say India needs social harmony. It’s also necessary to give kudos to those who promote that moderation.

Renting – Britain's social scandal that is being ignored

Private landlords threaten eviction as they pocket half of their tenants' wages, but politicians do nothing

• 
• • Patrick Collinson
  • The Guardian, Saturday 4 January 2014

More than four million people now rent privately and a million more will join them in the next few years. Photograph: Alamy

Will the rise in rents turn into one of the major issues of 2014? Young adults and families are being painfully stretched by private landlords, who are now often pocketing half or more of their tenants' wages with threats of eviction if they don't cough up another inflation-busting rent rise in the year ahead. A report we published in December headlined "Rents rise twice as much as earnings" was greeted with rage by tenants. "My landlady spends the money she gets from my rent on herself and not on the house I live in, it hasn't had any work done on it apart from a very badly fitting new front door in the last five years. But what does she care? She doesn't have to live in the cold, damp, draughty place, as long as her standard of living doesn't suffer," commented one.

"A lovely affordable two-bedroom house recently went up for sale in my area where affordable housing is very rare," said another. "It sold very quickly and I was hoping to see a nice young couple/person move in, but lo and behold it was snatched up by a landlord who already owns six properties in our street. Another affordable house now off the market and into the grubby hands of a rich landlord. I still hope a lovely young couple/person does move in, but unfortunately they'll have to pay more than what a mortgage costs and they won't own one brick. What a lovely country we live in. We are going back to Dickens's time."

Every time we publish a story on rents we see a similar response, and it's getting worse. Yet this rage is being met with almost total silence from the political and economic establishment. How many MPs have rented their family home all their lives from a private landlord? I'd wager almost none.

How many heads of our banks and building societies would prefer to live under a six-month assured shorthold tenancy rather than own (and control) their home? None. I've sat on panels at conferences examining the private rented sector. I ask how many people in the room rent their main residence. Rarely do I see a hand go up. There is now a vast gulf between the experience of policymakers, many of them baby boomers who have benefited from property price rises, and what is happening to the generation following behind.

Politicians have ignored the issue for so long because it isn't seen as national. Many still think of it as a London thing, with "entitled" young professionals carping on about the rent on a luxury two-bed pad in Clapham. That simply exposes their disconnect from reality. Over the past decade there has been a 127% increase in families with children in the private rented sector. There are now 4.3 million people renting privately, and a million more will join them in the next few years. The fastest-growing group of private tenants are not students leaving university, but people between 35 and 44, often with children.

Today's Money pages examine the experience of individuals across major world cities. New York and Sydney appear to match, or even outdo, London. Yet again, Germany offers a model that appears to work much better than the rapacious Anglo-Saxon approach. Rent control is not the dirty word in Munich or Berlin that it is in Whitehall.

Tories, who tend to receive rather than pay rent, go apoplectic at the merest suggestion of rent control, but should heed Ed Miliband's focus on the cost of living crisis. A cap on rent (let's call it "stabilisation") may be no less electorally successful than the proposed cap on energy bills, such is the level of despair so many young people and families are feeling.

A Labour Party policy review proposes a national register of private landlords (partly to at least make them pay tax), measures to improve the atrocious state of much of the privately-let stock, and tougher sanctions on rogue landlords.

They deserve wider attention, although more form-filling by the many decent landlords out there achieves little when councils cower from dealing with the true crooks. See David Lawrenson's blog on this at lettingfocus.com which, while pro-landlord, is more nuanced than most.

What isn't tackled is the underlying issue of supply and demand. We are living in a modern Speenhamland system where, as I've written before, employers pay below-subsistence wages, subsidised by tax credits, which mean workers can never afford to buy. Meanwhile high rents to landlords are subsidised by housing benefit.

The government promises £100bn for new infrastructure, but on housing it is only planning £3.5bn over the next four years. That's just a tenth of what will be spent on housing benefit over the same period. House building should be Britain's number one infrastructure priority – not just for buyers, but renters too.

'If an issue of morality is to be decided by majority, then fundamental right has no meaning'

Maneesh Chhibber : Sun Dec 22 2013, 05:59 hrs 

 

 

Retd Delhi HC Chief Justice and the man behind a landmark verdict decriminalising homosexuality, Justice A P Shah feels the Supreme Court setting aside that order is unfortunate. At this Idea Exchange moderated by Senior Editor (Legal Affairs) Maneesh Chhibber, he also talks about his new assignment as Law Commission chief, where he is looking into electoral reforms, live-in relationships and age of juvenility

Maneesh Chhibber: Can you explain how you wrote your Section 377 judgment?

I wouldn't like to comment on the Supreme Court judgment but that doesn't bar me from speaking about the rights of LGBTs, the Constitutional morality we talked about in the high court case, and the government's position.

Let me start with this — some speak of this as a 'western disease'. First of all, it is not western. Temple imagery and essential scriptures show there is some evidence of homosexuality being practised in this country... The British brought in Section 377 and there is the presumption that one of the reasons was (they feared) their army and daughters would be tainted by Oriental vices... What is so startling is that Section 377 travelled back to England. Later it was repealed, in the sense that their judicial committee recommended that for consenting adults it should not be a crime.

This is the position in almost all of Europe, US.

There are critical nuances of the (Supreme Court) judgment which I would not like to go into, but I would like to tell you about how far it is permissible for the State to legislate on the ground of public morality. What is envisaged by the Constitution is not popular morality. Probably public morality is the reflection of the moral normative values of the majority of the population, but Constitutional morality derives its contents from the values of the Constitution.

For instance, untouchability was approved by the majority, but the Constitution prohibited untouchability as a part of social engineering. Sati was at one time approved by the majority, but in today's world, it would be completely inconsistent with the Constitution... In public morality and Constitutional morality, there might be meeting points. For instance, gambling. That would be prohibited by law, and that's also the perception of public morality.

I think the real answer to this debate is Constitutional morality. And this is the most important point — it has to be traced to the counter-majoritarian role of the judiciary. A modern democracy is based on two principles — of majority rule and the need to protect fundamental rights. The very purpose of fundamental rights is to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities, and establish them as legal principles to be applied by the courts. It is the job of the judiciary to balance the principles ensuring that the government on the basis of numbers does not override fundamental rights.

(Editor's Comment - Does the judiciary have the power to create a new fundamental right?)

I would like to refer to my own notes and preparation. In case of a moral legislation, when it is being reviewed by a Constitutional court, then the rule of 'majority rules' should not count, because if the issue of morality is to be decided by the majority, as represented by the legislature and Parliament, then the fundamental right has no meaning. It is to be decided on the basis of Constitutional values and not majority rule.

About homosexuality being a disease... this is no longer treated as a disease or a disorder. There is near unanimous medical, psychiatric opinion that it is just another expression of human sexuality.

With this, I come to the last part, that 'What is the harm to the LGBT (with this law), that ultimately these provisions are not enforced'. It is true that in the last 150 years there might have been 200 prosecutions... But even when these provisions are not enforced, they reduce sexual minorities to — what one author (in a US judgment) has referred to — 'unapprehended felons'.

Apart from the misery and fear, a few more of the consequences of such laws are to legitimise and encourage blackmail, police and private violence, and discrimination. We could see some evidence that was placed before us, what is called the 'Lucknow incident'. This was a support group to create awareness about AIDS etc, they were arrested, and although they should have been released on bail immediately, they remained in custody for more than two months because of Section 377.

Rakesh Sinha: What was the first thought that crossed your mind when the Supreme Court overturned your ruling?

That it is unfortunate.

Coomi Kapoor: One reason for the conservativeness of the judgments of courts may be the ages of the judges.

I was 62, about to retire (at the time he gave the Section 377

judgment).

Seema Chishti: Do you think the big mistake in the rush for criminal law amendment in the wake of the December 16 gangrape was to not make it gender neutral? If that was made gender neutral, and you recognised man to man harassment, it would take away the need for 377?

There was an urgent need to make certain changes in the existing rape laws, there cannot be two opinions on that. I think it was touched with haste. Not only were there some lacunae but also it should have gone beyond the provisions which they made. Perhaps the government was not prepared to commit to the other reforms suggested by the Justice Verma committee.

Seema Chishti: Given the public mood to 'clean up' things, the Lokpal is being seen as a very important tool. Do you think we are running into a problem? We anyway had a problem about judges appointing themselves, and now we have a Lokpal who sits in judgment over elected persons. Who is going to monitor the monitors?

When the idea of appointing a Lokpal was mooted, it was on the lines of the institution of ombudsman in many countries. Ombudsman is not necessarily an anti-corruption body, it's about good governance. In India, administrative committees' reports found that this institution was necessary to fight corruption in high places. We have made a sort of an amalgamation of ombudsman and anti-corruption body, with more emphasis on anti-corruption. I have seen the Bills, appeared before the select committee of the present Lokpal Bill, and had seen the Jan Lokpal Bill conceived by Arvind Kejriwal and Prashant Bhushan. The Jan Lokpal Bill, I feel, is creating a monster.

The first thing is accountability. The other ombudsman institutions are accountable to Parliament, to the legislature. If you create an institution which is neither accountable to the executive nor the legislature, there will be no system of checks and balances.

The Lokpal Bill is not as strong as the Jan Lokpal Bill; thankfully, it's a much more balanced. The whole idea of the CBI being placed under the control of the Lokpal is not really a bright idea. You should not make one institution so strong that it can override all other institutions and constitutional systems.

Seema Chishti: And the judges appointing themselves?

Now, there is a Bill, but it is nothing new. In 1990, such a Bill was introduced by Dinesh Goswami. Unfortunately, the government had to go. There have been two reports of the Law Commission suggesting that there should be a judicial commission. In a 1993 judgment, the Supreme Court read the word 'consultation' to mean 'concurrence', and this is how the primacy is vested in the Chief Justice of India. It has been very strongly criticised. First, it's not transparent, and second, there is no input about the ability of a possible candidate because it's only a judges' committee, sitting in a closed room deciding about appointments, elevations, more like a club. It has encouraged a lot of sycophancy. Thankfully, the government has brought the Bill.

Prawesh Lama: There have been cases of rape law being misused. Recently, an NGO director committed suicide after being accused of assault. Should there be a mechanism to ensure laws aren't misused?

It is Indian tendency to give knee-jerk reactions. After the episode of December 2012, there were reactions. We go to extremes and forget rationality. Also, these laws will not work unless we have police reforms and judicial reforms simultaneously. What is the use of a very strict law if police are lacking in integrity or are inefficient?

Aneesha Mathur: The Delhi High Court has consistently given judgments saying that there should be a re-look at how police are dealing with these laws. Even in the Section 377 judgment, the Supreme Court said that exactly defining an unnatural act is not possible, and we'll have to see how the courts deal with it. What can the judiciary do to ensure there's no misuse?

The judiciary has its limitations. I know of half a dozen judgments of the Supreme Court on improving the present conditions, but there is no change in the situation. One of the criticisms labelled against PIL jurisdiction is that judiciary has to rely on the good faith of the executive. Have the orders passed on PILs changed the lives of ordinary Indians? Judiciary is no substitute for political activism or for legislative processes.

Krishna UPPULURI*: India's Deputy Consul General in New York Devyani Khobragade has been arrested as per the US laws. Can we use Indian laws to prosecute homosexual diplomats?

This would be going beyond the diplomatic limits.

Utkarsh Anand: Do you think Justice A K Ganguly should step down?

I should not talk on this issue.

Utkarsh Anand: A Supreme Court Committee was constituted to inquire into the allegations against him. Should the committee have indicted him while simultaneously saying that we don't have jurisdiction over retired judges?

It was a critical situation for the court. When something leaked in the media, the whole institution came under a cloud. What he was saying is absolutely correct because, even as per the Vishakha guidelines, the case would not fall within the powers of the Supreme Court Committee. But if the committee had simply said that it has no jurisdiction, it would have reflected very badly on the institution. I think the committee was right, the three judges were right. I read the order as an assurance to the people that the institution cares for these matters, though they can't take any action.

Maneesh Chhibber: One of the biggest problems of the judiciary is that it is a most exclusive club. Any transparency law, they are the last ones to implement it. Don't you think this hurts the institution?

I think transparency is the hallmark of any judiciary. All administrative decisions taken by the court should be on the website — how much is spent by the institution, how many cases are disposed of. All this information, and not only about pendency and disposal by the judges but also the entire functioning of the court should be in the public domain.

Ankita Mahendru*: What is your view on the legal process followed by the US in the arrest of Devyani Khobragade.

What I read in your newspaper is that this is the standard procedure. Where we are really missing the point is about the victim. What about the maid?

Amulya Gopalakrishnan: A lot of feminist activists want the rape law to be made gender specific for the victim and gender neutral for the perpetrator. Parliament did not do that. A lot of men who are raped are left out. Is it possible to draft a law like that?

The existing provisions can be slightly amended so as to make them gender neutral. The draft is not bad, it can be improved.

Vandita Mishra: Over the past few years, there has been a weakening of the political executive and the legislature. Parliament has not functioned as it should have. That has led to the judiciary overreaching in many cases. Do you think there are dangers to this?

After the Emergency, the judiciary took up the role of a protector of human rights of the marginalised and the disadvantaged. If you look at the PILs entertained by courts in those times, they were in the nature of social action, social interest litigation, not really a PIL. Slowly, the court expanded its jurisdiction and then we had (PILs on) good governance, corruption-free government or the rule of law, judicial appointments. But what happened after 2001 is that you could file a PIL about anything under the sun. Many of these PILs are not connected with human rights issues and that is the real danger. Some of the PILs entertained were about monkey menace, sealing of shops, traffic management or role of tourists in wildlife sanctuary. Just see to what extent courts have gone into policymaking. One example is the river linking case. Almost all experts said that it is not feasible. In spite of that, the court issued directions. Nothing happened thereafter, that is a different issue. Judicial activism is for issues for which there was earlier a legislative solution. This could be almost touching judicial imperialism or judicial adventurism.

The other problem is the creeping eliticism in the judiciary. I was shocked to see so much concern about the occupants of the Campa Cola building among the media and judiciary. What about the thousands of families who, for some beautification of the city and Commonwealth Games, are asked to move 20 km away from Delhi?

Maneesh Chhibber: In its review petition in the Section 377 case, the Centre is saying that while lawmaking is the sole responsibility of Parliament, it's the task of the court to judge the constitutional validity of laws. Isn't the executive ceding to the judiciary?

The court has to decide when it comes to a human rights issue. But if it is a policy matter, the legislature has precedence. If the Delhi High Court was right in its conclusion that there is violation of Articles 14, 15 and 19 and 21 — if that is the position — then it is the court which could deal with it, even if there is no amendment in the law. But that does not absolve the government from taking the call and making the amendment. They could have done it when the laws were changed in the wake of the Delhi gangrape case. There might be a lack of political will.

Rakesh Sinha: There is an ongoing debate on the age of juvenility. But child rights workers have concerns too.

We have taken it up, appointed an experts' committee in the Law Commission.

Muzamil Jaleel: What is your view on amendments in the UAPA or the Armed Forces Special Powers Act.

I have spoken against these laws several times. I feel that certain rights should not be compromised. It is the burden of democratic countries that they have to deal with the problem of terrorism, and they have to fight it with one arm tied down.

Prawesh Lama: Shouldn't police officers be punished when they arrest an innocent person and brand him a terrorist?

Apart from action against the concerned police officers, we should have laws to give some remedy to the person who has been wronged by the system.

Declassify report on the 1948 Hyderabad massacre

S A Aiyer in The Times of India

The Gujarat election will revive charges that Narendra Modi killed a thousand Muslims in the 2002 Gujarat riots, with the BJP accusing Rajiv Gandhi of killing 3000 Sikhs in the 1984 Delhi riots. To get a sense of perspective, i did some research on communal riots in past decades. I was astounded to find that the greatest communal slaughter occurred under neither Modi nor Rajiv but Nehru. His takeover of Hyderabad in 1948 caused maybe 50,000-200,000 deaths. The Sunderlal report on this massacre has been kept an official secret for over 60 years. While other princes acceded to either India or Pakistan in 1947, the Nizam of Hyderabad aimed to remain independent. This was complicated by a Marxist uprising. The Nizam's Islamic militia, the Razakars, killed and raped many Hindus. This incensed Sardar Patel and Nehru, who ordered the Army into Hyderabad. The Army's swift victory led to revenge killings and rapes by Hindus on an unprecedented scale. 

Civil rights activist AG Noorani has cited Prof Cantwell Smith, a critic of Jinnah, in The Middle Eastern Journal, 1950. "The only careful report on what happened in this period was made a few months later by investigators - including a Congress Muslim and a sympathetic and admired Hindu (Professor Sunderlal)- commissioned by the Indian government. The report was submitted but has not been published; presumably it makes unpleasant reading. It is widely held that the figure mentioned therein for the number of Muslims massacred is 50,000. Other estimates by responsible observers run as high as 200,000."      A lower but still horrific estimate comes from UCLA Professor Perry Anderson. "When the Indian Army took over Hyderabad, massive Hindu pogroms against the Muslim population broke out, aided and abetted by its regulars. On learning something of them, the figurehead Muslim Congressman in Delhi, Maulana Azad, then minister of education, prevailed on Nehru to let a team investigate. It reported that at a conservative estimate between 27,000 and 40,000 Muslims had been slaughtered in the space of a few weeks after the Indian takeover. This was the largest single massacre in the history of the Indian Union, dwarfing the killings by the Pathan raiders en route to Srinagar which India has ever since used as the casus belli for its annexation of Kashmir.  

    
"Nehru, on proclaiming Indian victory in Hyderabad, had announced that 'not a single communal incident' marred the triumph. What action did he take on receiving the report? He suppressed it, and at Patel's urging cancelled the appointment of one of its authors as ambassador in the Middle East. No word about the pogroms, in which his own troops had taken eager part, could be allowed to leak out. Twenty years later, when news of the report finally surfaced, his daughter banned the publication of the document as injurious to national interests."

Perry Andersen is accused by some of anti-Indian bias. This cannot be said of author William Dalrymple. In The Age of Kali, Dalrymple says the Sunderlal report has been leaked and published abroad, and "estimates that as many as 200,000 Hyderabadi Muslims were slaughtered." 

Our textbooks and TV programmes show Sardar Patel and Nehru as demi-gods who created a unified India. The truth is more sordid. You will not find any mention of the Hyderabad massacre in our standard history books (just as Pakistani textbooks have deleted reference to the East Pakistan massacre of 1971). The air-brushing of Patel and Nehru is complete. My friends ask, why rake up the 1948 horrors now? You sound like an apologist for Modi's killings of 2002.

I can only say that the killings of 1948 cannot possibly justify the killings of 2002, or 1984, or any others. Modi has blood on his hands, whether or not he was directly culpable. But why pretend that others had spotlessly clean hands? There is a macabre logic in the praises Modi has recently heaped on Patel: the two were not entirely dissimilar. Nations need to acknowledge their past errors in order to avoid them in the future. Germany acknowledged the horrors of fascism and militarism, and this helped it build a new anti-war society focused on human rights.

Something is terribly wrong when Indian citizens are kept in dark about the biggest pogrom since Independence, even after foreign sources have lifted the lid. India's jihadi press is fully aware of the 1948 massacre, and projects its censorship as evidence of Hindu oppression   . This is not how a liberal democracy should function. India cannot become a truly unified nation on the basis of suppressed reports and sanitized textbooks. The Sunderlal report must be made public. 

Pharmaceutical companies putting health of world's poor at risk

India makes cheap medicines for poor people around the world. The EU, pharmaceutical firms and now the US are pressuring the 'pharmacy of the developing world' to change tack

Customers buy medicine at a pharmacy in Mumbai. Photograph: Kuni Takahashi/Getty Images

India is often called the pharmacy of the developing world, which is no great surprise as more than 50% of its $10bn annual generic medicine production is exported.

But the domestic drug industry behind India's role as global pharmacist stands to emerge rather poorly from the free trade agreement (FTA) that Europe is proposing for India. In late-stage negotiations over the terms of the long-awaited agreement, the EU is calling for intellectual property rights enforcement that goes well beyond India's obligations as a member of the World Trade Organisation and would make it all but impossible for generic drug manufacturers in the country to continue in their present structure.

This could delay the introduction of cheaper medicines in India and elsewhere at a time when the global financial crisis has already put the squeeze on life-saving medicines across the world (last year the Global Fund to Fight Aids, Tuberculosis and Malaria cancelled its 11th funding round due to the crisis).

Yet protests on the streets of Delhi against the unfair terms of the EU-India FTA have been little noticed in the west, where such agreements are increasingly being promoted as a route out of domestic crises. For European leaders, they represent a foreign policy counterpart to calls for a growth pact at home. In a recent editorial, however, the former EU high representative for foreign and security policy, Javier Solana, all but admits that a similar agreement that Europe is tying up with Peru and Colombia may be "denying their weaker citizens [human] rights in favour of the interests of business".

In India, such fears are perilously close to being realised, because the EU-India FTA negotiations are not the only way in which the health of Indian citizens is coming under attack from Europe. In an effort to boost falling profit margins in the west, and to prise open more profitable markets elsewhere, European pharmaceutical companies are also chipping away at India's judicial system.

Next month, the supreme court of India will hear final arguments in a long-running case between Swiss pharmaceutical giant Novartis and the Indian government. Novartis is seeking extended intellectual property protection for a marginally modified anti-cancer drug, Glivec, for which the original patent has run out. This is a practice known asevergreening, seen by many as an unfair way for pharmaceutical companies to maintain artificially high drug prices in developing markets. That is certainly the view of the Indian government, which, in 2005, inserted a clause into its intellectual property law deliberately intended to prevent the practice.

That clause has proven to be a literal lifesaver many times since, and it ensured thatNovartis's original case was thrown out of court in 2006. But Novartis has filed new litigation in an attempt to breach India's legal defences. The final ruling is next month and there is every chance Novartis may succeed. If it does, other pharmaceutical companies will be able to impose higher prices on drugs in India too.

The Novartis case coincides with a third major assault on India's pharmaceutical industry: the final spear in a triple-pronged attack on its generic drug manufacturers by the west.

This involves the attempt by German pharmaceutical company Bayer to revoke the recent granting of a compulsory licence for an Indian firm, Natco Pharma. The licence was to produce a cheaper version of its anti-cancer drug Sorafenib. Bayer does not manufacture the drug in India, and imports in such small volumes that only a tiny fraction of potential patients could benefit. For its brand, Sorafenib, Bayer has charged Indian patients about $69,000 for a year of treatment, an unaffordable amount for most Indian households. Under the licence, Natco will sell the same medicine at 3% of this price, while paying a licence fee – and still make a profit.

But now Barack Obama's administration has weighed in on behalf of Bayer's battle for continued monopoly pricing. Testifying before the House of Representatives subcommittee on intellectual property on 27 June, the deputy director of the US Patent and Trademark Office said US officials are "constantly being there on the ground" pressuring the Indian government to desist from compulsory licensing.

It is not only Indian patients who stand to suffer from this triple-pronged attack. So, too, will charities such as Médecins Sans Frontières, which relies on Indian generic producers to supply 80% of the antiretrovirals it uses around the world. As MSF spokeswoman Leena Menghaney puts it, India is "literally the lifeline of patients in the developing world". In 2006, MSF launched an international campaign against Novartis, signed by half a million people, including Archbishop Desmond Tutu and the author John le Carré, to get Novartis to drop their pursuit of what the campaign argues is exploitation.

The campaign may not have reckoned on the scale of the assault under way, however. It is not only the pharmaceutical industry that needs to be addressed but the continued and ruthless lobbying by western politicians to secure the profitability of their own industries.

We ought to be asking why governments in the rich world still seem happy to checkmate the lives of poor people to save their political skins. And why the pharmaceutical industry sees India as such a threat. Could it be that they detect the whiff of real competition?

• Hans Lofgren is associate professor in politics at Deakin University, Melbourne. He is the editor of two forthcoming volumes (Palgrave Macmillan and Social Science Press) on pharmaceutical policy and access to medicines in India and the global south

Indian police still using truth serum

Use of Sodium Pentothal to secure confessions – classified by some as torture – still common in certain regions of India

• Helen Pidd
• guardian.co.uk, Thursday 5 July 2012 18.37 BST

A person injected with “truth serum” is generally too woozy to give lengthy explanations, but can supply answers to certain questions and clues. Photograph: Valentin Flauraud/Reuters

It is the sort of scene that belongs in a film noir, not a 21st-century democracy: an uncooperative suspect being injected with a dose of "truth serum" in an attempt to elicit a confession. But some detectives in India still swear by so-called narcoanalysis despite India's highest court ruling that it was not only unreliable but also "cruel, inhuman and degrading".

The technique is back in the news after officers from India's Central Bureau of Investigation (CBI) asked a judge for permission to administer sodium pentothal to a high-profile Indian politician and his financial adviser embroiled in a corruption case. The drug is a barbiturate that acts on the central nervous system, dissolving anxiety, inducing drowsiness and even unconsciousness.

CBI investigators made the application in order to try to prove embezzlement allegations against Jagan Mohan Reddy, the charismatic son of YS Rajasekhara Reddy, the former chief minister of Andhra Pradesh in southern India, who died in a mysterious helicopter crash in 2009. They argue that the technique is warranted because neither Reddy nor his auditor are co-operating with the inquiry.

Reddy Jr tipped for the chief minister's job himself, has protested vehemently against the use of narcoanalysis on the grounds that a supreme court ruling in 2010 held that such tests are illegal without consent from the individuals.

But Dr Gandhi PC Kaza, chairman of the Truth Lab, India's first independent forensic service, told the Guardian that despite narcoanalysis being "unscientific, undemocratic, illegal and inhumane", it was still used with enthusiasm in certain Indian states – notably Gujarat and Karnataka. He condemned the practice, saying it had "no place in the world's greatest democracy".

There are no official figures for the number of suspects who have been subjected to narcoanalysis, but VH Patel, deputy director at the Directorate of Forensic Sciences, Gandhinagar, in Gujarat, western India, told the Guardian he had personally conducted narcoanalysis in nearly 100 cases. He estimates that his lab gets requests for narcoanalysis three to four times a month.

He insisted that the procedure was safe and ethical. "There is no violence involved. It's a good methodology that helps the investigation," he said. "After all, there has to be justice for the victims.If we conduct narcoanalysis on a terror suspect, everyone kicks up a fuss, but what about the people who have suffered?"

Patel said he worked with a team of three other scientists to administer the tests, as well as a psychiatrist and an anaesthetist, who decides which drugs to use at what dosage. "It takes almost a week to test a single person. We conduct various medical tests and interviews with them," he said. "It's an important methodology but we cannot say how accurate it is in the end. That depends on the investigation."

A person injected with "truth serum" is generally too woozy to volunteer lengthy explanations, but is usually able to give answers to certain questions and clues. Patel said his lab had received no complaints regarding side-effects. But in 2011, Sheikh Mujib, an engineering student who was accused in a bomb blast case in the Indian city of Ahmedabad, complained of health problems after narcoanalysis.

Arun Ferreira, a political activist who underwent forced narcoanalyis after being arrested in 2007 under the Unlawful Activities Prevention Act for being an alleged Maoist, described the procedure as a sort of torture – and one whichthat "only decreases the individual's ability to lie and is in no way a foolproof method for uncovering the truth". The revelations supposedly made under the influence of truth serum may contain fantasies like a person under the influence of alcohol."

Sometimes defendants undergo the procedure in an attempt to prove their innocence. Rajesh and Nupur Talwar, currently on trial in Delhi for murdering their 14-year-old daughter, volunteered for narcoanalysis in an attempt to prove their innocence. The inventor of narcoanalysis, an American obstetrician called Robert House, originally meant it to exonerate prisoners. During his time in labour wards around 1915, he noticed that the drug administered to women during childbirth, scopolamine, had a strange effect on his patients, causing them to talk freely. In 1922, he arranged to interview two suspected criminals under the influence of the same drug – they denied the charges and were later found not guilty.

Many experts believe narcoanalysis can be classed as torture under the United Nations Convention against Torture. Though India signed the convention in 1997, its parliament never ratified it.

If there were global justice, Nato would be in the dock over Libya

Liberia's Charles Taylor has been convicted of war crimes, so why not the western leaders who escalated Libya's killing?

• 
• • Seumas Milne
  • guardian.co.uk, Tuesday 15 May 2012 22.20 BST

Illustration by Belle Mellor

Libya was supposed to be different. The lessons of Iraq and Afghanistan had been learned, David Cameron and Nicolas Sarkozy insisted last year. This would be a real humanitarian intervention. Unlike Iraq, there would be no boots on the ground. Unlike in Afghanistan, Nato air power would be used to support a fight for freedom and prevent a massacre. Unlike the Kosovo campaign, there would be no indiscriminate cluster bombs: only precision weapons would be used. This would be a war to save civilian lives.

Seven months on from Muammar Gaddafi's butchering in the ruins of Sirte, the fruits of liberal intervention in Libya are now cruelly clear, and documented by the UN and human rights groups: 8,000 prisoners held without trial, rampant torture and routine deaths in detention, the ethnic cleansing of Tawerga, a town of 30,000 mainly black Libyans (already in the frame as a crime against humanity) and continuing violent persecution of sub-Saharan Africans across the country.

A year after the western powers tried to make up for lost ground in the Arab uprisings by tipping the balance of the Benghazi-led revolt, Libya is in the lawless grip of rival warlords and armed conflict between militias, as the western-installed National Transitional Council (NTC) passes Gaddafi-style laws clamping down on freedom of speech, gives legal immunity to former rebels and disqualifies election candidates critical of the new order. These are the political forces Nato played the decisive role in bringing to power.

Now the evidence is starting to build up of what Nato's laser-guided bombing campaign actually meant on the ground. The New York-based Human Rights Watch this week released a report into the deaths of at least 72 Libyan civilians, a third of them children, killed in eight separate bombing raids (seven on non-military targets) – and denounced Nato for still refusing to investigate or even acknowledge civilian deaths that were always denied at the time.

Given the tens of thousands of civilians killed by US, British and other Nato forces both from the air and on the ground in Iraq, Afghanistan, Pakistan and Yemen over the last decade, perhaps Nato commanders prefer not to detain themselves with such comparative trifles. And Human Rights Watch believes that, whatever the real number of civilians directly killed by Nato bombing, it was relatively low given the 10,000-odd sorties flown.

But while Nato's UN mandate was to protect civilians, the alliance in practice turned that mission on its head. Throwing its weight behind one side in a civil war to oust Gaddafi's regime, it became the air force for the rebel militias on the ground. So while the death toll was perhaps between 1,000 and 2,000 when Nato intervened in March, by October it was estimated by the NTC to be 30,000 – including thousands of civilians.

We can't of course know what would have happened without Nato's bombing campaign, even if there is no evidence that Gaddafi had either the intention or capability to carry out a massacre in Benghazi. But we do know that Nato provided decisive air cover for the rebels as they matched Gaddafi's forces war crime for war crime, carried out massacres of their own and indiscriminately shelled civilian areas with devastating results – such as reduced much of Sirte to rubble last October.

There were also Nato and Qatari boots on the ground, including British special forces, co-ordinating rebel operations. So Nato certainly shared responsibility for the deaths of many more civilian than its missiles directly incinerated.

That is the kind of indirect culpability that led to the conviction last month of Charles Taylor, the former president of Liberia, in the UN-backed special court for Sierra Leone in The Hague. Taylor, now awaiting sentence and expected to be jailed in Britain, was found guilty of "aiding and abetting" war crimes and crimes against humanity during Sierra Leone's civil war in the 1990s. But he was cleared of directly ordering atrocities carried out by Sierra Leonean rebels.

Which pretty well describes the role played by Nato in Libya last year. International lawyers say legal culpability would depend on the degree of assistance and knowledge of war crimes for which Nato provided cover, even if the political and moral responsibility could not be clearer.

But there is of course simply no question of Nato leaders being held to legal account for the Libyan carnage, any more than they have been for far more direct crimes carried out in Iraq and Afghanistan. The only Briton convicted of a war crime over the bloodbath of Iraq has been Corporal Donald Payne, for abuse of prisoners in Basra in 2003. While George Bush has boasted of authorising the international crime of torture and faced not so much as a caution.

Which only underlines that what is called international law simply doesn't apply to the big powers or their political leaders. In the 10 years of its existence, the International criminal court has indicted 28 people from seven countries for war crimes and crimes against humanity. Every single one of them is African – even though ICC signatories include war-wracked states such as Colombia and Afghanistan.

That's rather as if the criminal law in Britain only applied to people earning the minimum wage and living in Cornwall. But so long as international law is only used against small or weak states in the developing world, it won't be a system of international justice, but an instrument of power politics and imperial enforcement.

Just as the urgent lesson of Libya – for the rest of the Arab world and beyond – is that however it is dressed up, foreign military intervention isn't a short cut to freedom. And far from saving lives, again and again it has escalated slaughter.

Brain drain or not, the right to emigrate is fundamental

S A Aiyer

Socialists like health minister Ghulam Nabi Azad won't admit it, but they rather liked the Berlin Wall. They think it's morally right to keep citizens captive at home, unable to migrate for better prospects. Azad has proposed not a brick wall but a financial one: he wants all doctors going to the US for higher studies to sign a financial bond that will be forfeited if they do not return.




Sorry, but the right to emigrate is fundamental. States can curb immigration, but not emigration. The UN declaration of human rights says in Article 13, "Everyone has the right to leave any country, including his own." Article 12 of the International Covenant on Civil and Political Rights incorporates this right into treaty law. It says: "Everyone shall be free to leave any country, including his own. The above-mentioned rights shall not be subject to any restrictions except those provided by law necessary to protect national security, public order, public health or morals or the rights and freedoms of others." The public health exception relates to communicable diseases, not a shortage of doctors.



Hitler didn't give German Jews the right to migrate. Communist East Germany thought it had a right to shoot citizens attempting to escape over the Berlin Wall. The Soviet Union mostly had strict curbs on emigration, but allowed the mass exit of its Jews to Israel after the 1967 war in which Moscow backedthe Arabs. Moscow imposed a "diploma tax" on emigrants with higher education, to claw back the cost of their education. Israel often picked up the bill, leading to sneers that the Soviet Union was selling Jews. International protests obliged Moscow to abolish the tax.



Like the Soviets, Azad wants to claw back sums spent on educating doctors. Like East Germany, he seeks to erect exit barriers by denying Indian doctors a 'no objection certificate' to practice in the US. The right to emigrate does not enter his calculations: Azad does not want this azaadi!



Many Indians will back him, saying the brain drain imposes high costs on India. Well, all principles have some costs, but that's no reason to abandon them. Azad wants curbs just on doctors, but the principle applies to all Indians. Would India be better off if it had kept captive at home economists like Amartya Sen and Jagdish Bhagwati? Three Indian migrants to the US have won Nobel Prizes-Gobind Khurana (medicine) Chandra Shekhar (physics) and V Ramakrishnan (chemistry). Had they been stopped from leaving India, would they have ever risen to such heights?



Cost estimates of the brain drain are exaggerated or downright false. Remittances from overseas Indians are now around $60 billion a year. NRI bank deposits bring up to $30 billion a year. Together, they greatly exceed India's entire spending on education (around $75 billion). Even more valuable are skills brought back by returnees.



Remittances skyrocketed only after India made it easier in the 1990s for students to go abroad. One lakh per year go to the US alone. The number of US citizens of Indian origin has tripled since 1990 to three million, and the US has replaced the Gulf as the main source of remittances.



The brain drain has anyway given way to brain circulation. Youngsters going abroad actually have very limited skills. But they hugely improve their skills abroad, mainly through job experience, so returnees bring back much brainpower.



Indian returnees were relatively few during the licence-permit raj, because omnipresent controls stifled domestic opportunities. But economic liberalization has created a boom in opportunities of every sort, so more Indians are returning. Azad should note that the fast expansion of private hospitals has attracted back many doctors. Scientists, software engineers, managers and professionals of all sorts have flocked back. This carries a simple policy lesson: create opportunity, not barriers.



Millions of Indians will not come back. Yet they do not constitute a drain. They have become huge financial assets for India through remittances and investments.



They have also become a foreign policy asset. Three million Indian Americans now occupy high positions in academia, Wall Street, business and professions. They have become important political contributors, and two have entered politics and become state governors (Bobby Jindal and Nikki Haley). Indian Americans have become a formidable lobby, helping shift US policy in India's favour, to Pakistan's dismay.



However, these are secondary issues. The main issue is human freedom. The UN declaration of human rights recognizes the right to migrate. This fundamental freedom has more value by far than the financial or foreign policy value of the diaspora. Never forget this in the brain drain debate.

My Weltanschhaung - 16/02/2012

The EU troika, after shifting the 'austerity' goal posts for Greece are now willing to let Greece quit the Euro. So let's hope that Greece will not have to implement the austerity measures if it quits the Euro. 

Israel and its allies will only be happy after a war with Iran.

What has the world come to - Sun journalists who had hitherto never left an opportunity to criticise the EU, now plan to use the EU human rights law to challenge their benevolent employer Murdoch. With facts like that who needs fiction. What about allowing markets to function freely - you Sunny folks?

I think Arsenal are finished as a team and Wenger will leave at the end of the season. They were not in the reckoning in the game against AC Milan last night. What a shame!

British policemen have a 70 % chance of escaping prosecution on serious charges of misconduct if the investigation is carried out by the IPCC. Shocking but not surprising indeed.

http://www.independent.co.uk/news/uk/crime/police-escape-charges-in-70-per-cent-of-ipcc-cases-6953024.html

London Olympic officials refuse to divulge information about how many tickets were sold and at what prices. A scam?

'Losing' the world: American decline in perspective, part 1

US foreign policy 'experts' only ever provide an echo chamber for American imperial power. A longer, broader view is necessary

• 
• • Noam Chomsky for TomDispatch, part of the Guardian Comment Network
  • guardian.co.uk, Tuesday 14 February 2012

Significant anniversaries are solemnly commemorated – Japan's attack on the US naval base at Pearl Harbor, for example. Others are ignored, and we can often learn valuable lessons from them about what is likely to lie ahead. Right now, in fact.

At the moment, we are failing to commemorate the 50th anniversary of President John F Kennedy's decision to launch the most destructive and murderous act of aggression of the post-second world war period: the invasion of South Vietnam, later all of Indochina, leaving millions dead and four countries devastated, with casualties still mounting from the long-term effects of drenching South Vietnam with some of the most lethal carcinogens known, undertaken to destroy ground cover and food crops.
The prime target was South Vietnam. The aggression later spread to the North, then to the remote peasant society of northern Laos, and finally to rural Cambodia, which was bombed at the stunning level of all allied air operations in the Pacific region during second world war, including the two atom bombs dropped on Hiroshima and Nagasaki. In this, Henry Kissinger's orders were being carried out – "anything that flies on anything that moves" – a call for genocide that is rare in the historical record. Little of this is remembered. Most was scarcely known beyond narrow circles of activists.
When the invasion was launched 50 years ago, concern was so slight that there were few efforts at justification, hardly more than the president's impassioned plea that "we are opposed around the world by a monolithic and ruthless conspiracy that relies primarily on covert means for expanding its sphere of influence", and if the conspiracy achieves its ends in Laos and Vietnam, "the gates will be opened wide."

Elsewhere, he warned further that "the complacent, the self-indulgent, the soft societies are about to be swept away with the debris of history [and] only the strong … can possibly survive," in this case reflecting on the failure of US aggression and terror to crush Cuban independence.

By the time protest began to mount half a dozen years later, the respected Vietnam specialist and military historian Bernard Fall, no dove, forecast that "Vietnam as a cultural and historic entity … is threatened with extinction … [as] … the countryside literally dies under the blows of the largest military machine ever unleashed on an area of this size." He was again referring to South Vietnam.
When the war ended eight horrendous years later, mainstream opinion was divided between those who described the war as a "noble cause" that could have been won with more dedication, and at the opposite extreme, the critics, to whom it was "a mistake" that proved too costly. By 1977, President Carter aroused little notice when he explained that we owe Vietnam "no debt" because "the destruction was mutual."

There are important lessons in all this for today, even apart from another reminder that only the weak and defeated are called to account for their crimes. One lesson is that to understand what is happening, we should attend not only to critical events of the real world, often dismissed from history, but also to what leaders and elite opinion believe, however tinged with fantasy. Another lesson is that alongside the flights of fancy concocted to terrify and mobilize the public (and perhaps believed by some who are trapped in their own rhetoric), there is also geo-strategic planning based on principles that are rational and stable over long periods because they are rooted in stable institutions and their concerns. That is true in the case of Vietnam, as well. I will return to that, only stressing here that the persistent factors in state action are generally well concealed.

The Iraq war is an instructive case. It was marketed to a terrified public on the usual grounds of self-defense against an awesome threat to survival: the "single question", George W Bush and Tony Blair declared, was whether Saddam Hussein would end his programs of developing weapons of mass destruction. When the single question received the wrong answer, government rhetoric shifted effortlessly to our "yearning for democracy", and educated opinion duly followed course; all routine.
Later, as the scale of the US defeat in Iraq was becoming difficult to suppress, the government quietly conceded what had been clear all along. In 2007-2008, the administration officially announced that a final settlement must grant the US military bases and the right of combat operations, and must privilege US investors in the rich energy system – demands later reluctantly abandoned in the face of Iraqi resistance. And all well kept from the general population.

Gauging American decline

With such lessons in mind, it is useful to look at what is highlighted in the major journals of policy and opinion today. Let us keep to the most prestigious of the establishment journals, Foreign Affairs. The headline blaring on the cover of the December 2011 issue reads in bold face: "Is America Over?"
The title article calls for "retrenchment" in the "humanitarian missions" abroad that are consuming the country's wealth, so as to arrest the American decline that is a major theme of international affairs discourse, usually accompanied by the corollary that power is shifting to the East, to China and (maybe) India.

The lead articles are on Israel-Palestine. The first, by two high Israeli officials, is entitled "The Problem is Palestinian Rejection": the conflict cannot be resolved because Palestinians refuse to recognize Israel as a Jewish state – thereby conforming to standard diplomatic practice: states are recognized, but not privileged sectors within them. The demand is hardly more than a new device to deter the threat of political settlement that would undermine Israel's expansionist goals.
The opposing position, defended by an American professor, is entitled "The Problem Is the Occupation." The subtitle reads "How the Occupation is Destroying the Nation." Which nation? Israel, of course. The paired articles appear under the heading "Israel under Siege".
The January 2012 issue features yet another call to bomb Iran now, before it is too late. Warning of "the dangers of deterrence", the author suggests that:

"[S]keptics of military action fail to appreciate the true danger that a nuclear-armed Iran would pose to US interests in the Middle East and beyond. And their grim forecasts assume that the cure would be worse than the disease – that is, that the consequences of a US assault on Iran would be as bad as or worse than those of Iran achieving its nuclear ambitions. But that is a faulty assumption. The truth is that a military strike intended to destroy Iran's nuclear program, if managed carefully, could spare the region and the world a very real threat and dramatically improve the long-term national security of the United States."

Others argue that the costs would be too high, and at the extremes, some even point out that an attack would violate international law – as does the stand of the moderates, who regularly deliver threats of violence, in violation of the UN Charter.

Let us review these dominant concerns in turn.

American decline is real, though the apocalyptic vision reflects the familiar ruling-class perception that anything short of total control amounts to total disaster. Despite the piteous laments, the US remains the world dominant power by a large margin, and no competitor is in sight, not only in the military dimension, in which, of course, the US reigns supreme.

China and India have recorded rapid (though highly inegalitarian) growth, but remain very poor countries, with enormous internal problems not faced by the West. China is the world's major manufacturing center, but largely as an assembly plant for the advanced industrial powers on its periphery and for western multinationals. That is likely to change over time. Manufacturing regularly provides the basis for innovation, often breakthroughs, as is now sometimes happening in China. One example that has impressed western specialists is China's takeover of the growing global solar panel market, not on the basis of cheap labor, but by coordinated planning and, increasingly, innovation.
But the problems China faces are serious. Some are demographic, reviewed in Science, the leading US science weekly. The study shows that mortality sharply decreased in China during the Maoist years, "mainly a result of economic development and improvements in education and health services, especially the public hygiene movement that resulted in a sharp drop in mortality from infectious diseases." This progress ended with the initiation of the capitalist reforms 30 years ago, and the death rate has since increased.

Furthermore, China's recent economic growth has relied substantially on a "demographic bonus", a very large working-age population. "But the window for harvesting this bonus may close soon," with a "profound impact on development": "Excess cheap labor supply, which is one of the major factors driving China's economic miracle, will no longer be available."

Demography is only one of many serious problems ahead. For India, the problems are far more severe.

Not all prominent voices foresee American decline. Among international media, there is none more serious and responsible than the London Financial Times. It recently devoted a full page to the optimistic expectation that new technology for extracting North American fossil fuels might allow the US to become energy-independent, hence to retain its global hegemony for a century. There is no mention of the kind of world the US would rule in this happy event, but not for lack of evidence.

At about the same time, the International Energy Agency reported that, with rapidly increasing carbon emissions from fossil fuel use, the limit of safety will be reached by 2017, if the world continues on its present course. "The door is closing," the IEA chief economist said, and very soon it "will be closed forever".

Shortly before the US Department of Energy reported the most recent carbon dioxide emissions figures, which "jumped by the biggest amount on record" to a level higher than the worst-case scenario anticipated by the International Panel on Climate Change (IPCC). That came as no surprise to many scientists, including the MIT program on climate change, which for years has warned that the IPCC predictions are too conservative.

Such critics of the IPCC predictions receive virtually no public attention, unlike the fringe of denialists who are supported by the corporate sector, along with huge propaganda campaigns that have driven Americans off the international spectrum in dismissal of the threats. Business support also translates directly to political power. Denialism is part of the catechism that must be intoned by Republican candidates in the farcical election campaign now in progress, and in Congress, they are powerful enough to abort even efforts to inquire into the effects of global warming, let alone do anything serious about it.

In brief, American decline can perhaps be stemmed if we abandon hope for decent survival – prospects that are all too real, given the balance of forces in the world.

'Losing' China and Vietnam

Putting such unpleasant thoughts aside, a close look at American decline shows that China indeed plays a large role, as it has for 60 years. The decline that now elicits such concern is not a recent phenomenon. It traces back to the end of the second world war, when the US had half the world's wealth and incomparable security and global reach. Planners were naturally well aware of the enormous disparity of power, and intended to keep it that way.

The basic viewpoint was outlined with admirable frankness in a major state paper of 1948 (PPS 23). The author was one of the architects of the "new world order" of the day, the chair of the State Department policy planning staff, the respected statesman and scholar George Kennan, a moderate dove within the planning spectrum. He observed that the central policy goal was to maintain the "position of disparity" that separated our enormous wealth from the poverty of others. To achieve that goal, he advised, "We should cease to talk about vague and … unreal objectives such as human rights, the raising of the living standards, and democratization," and must "deal in straight power concepts", not "hampered by idealistic slogans" about "altruism and world-benefaction."

Kennan was referring specifically to Asia, but the observations generalize, with exceptions, for participants in the US-run global system. It was well understood that the "idealistic slogans" were to be displayed prominently when addressing others, including the intellectual classes, who were expected to promulgate them.

The plans that Kennan helped formulate and implement took for granted that the US would control the western hemisphere, the Far East, the former British empire (including the incomparable energy resources of the Middle East), and as much of Eurasia as possible, crucially its commercial and industrial centers. These were not unrealistic objectives, given the distribution of power. But decline set in at once.

In 1949, China declared independence, an event known in Western discourse as "the loss of China" – in the US, with bitter recriminations and conflict over who was responsible for that loss. The terminology is revealing. It is only possible to lose something that one owns. The tacit assumption was that the US owned China, by right, along with most of the rest of the world, much as postwar planners assumed.

The "loss of China" was the first major step in "America's decline". It had major policy consequences. One was the immediate decision to support France's effort to reconquer its former colony of Indochina, so that it, too, would not be "lost".

Indochina itself was not a major concern, despite claims about its rich resources by President Eisenhower and others. Rather, the concern was the "domino theory", which is often ridiculed when dominoes don't fall, but remains a leading principle of policy because it is quite rational. To adopt Henry Kissinger's version, a region that falls out of control can become a "virus" that will "spread contagion", inducing others to follow the same path.

In the case of Vietnam, the concern was that the virus of independent development might infect Indonesia, which really does have rich resources. And that might lead Japan – the "superdomino" as it was called by the prominent Asia historian John Dower – to "accommodate" to an independent Asia as its technological and industrial center in a system that would escape the reach of US power. That would mean, in effect, that the US had lost the Pacific phase of the second world war, fought to prevent Japan's attempt to establish such a new order in Asia.

The way to deal with such a problem is clear: destroy the virus and "inoculate" those who might be infected. In the Vietnam case, the rational choice was to destroy any hope of successful independent development and to impose brutal dictatorships in the surrounding regions. Those tasks were successfully carried out – though history has its own cunning, and something similar to what was feared has since been developing in East Asia, much to Washington's dismay.

The most important victory of the Indochina wars was in 1965, when a US-backed military coup in Indonesia led by General Suharto carried out massive crimes that were compared by the CIA to those of Hitler, Stalin, and Mao. The "staggering mass slaughter", as the New York Times described it, was reported accurately across the mainstream, and with unrestrained euphoria.

It was "a gleam of light in Asia", as the noted liberal commentator James Reston wrote in the Times. The coup ended the threat of democracy by demolishing the mass-based political party of the poor, established a dictatorship that went on to compile one of the worst human rights records in the world, and threw the riches of the country open to western investors. Small wonder that, after many other horrors, including the near-genocidal invasion of East Timor, Suharto was welcomed by the Clinton administration in 1995 as "our kind of guy".

Years after the great events of 1965, Kennedy-Johnson national security adviser McGeorge Bundy reflected that it would have been wise to end the Vietnam war at that time, with the "virus" virtually destroyed and the primary domino solidly in place, buttressed by other US-backed dictatorships throughout the region.

Similar procedures have been routinely followed elsewhere. Kissinger was referring specifically to the threat of socialist democracy in Chile. That threat was ended on another forgotten date, what Latin Americans call "the first 9/11", which in violence and bitter effects far exceeded the 9/11 commemorated in the west. A vicious dictatorship was imposed in Chile, one part of a plague of brutal repression that spread through Latin America, reaching Central America under Reagan. Viruses have aroused deep concern elsewhere as well, including the Middle East, where the threat of secular nationalism has often concerned British and US planners, inducing them to support radical Islamic fundamentalism to counter it.

The concentration of wealth and American decline

Despite such victories, American decline continued. By 1970, US share of world wealth had dropped to about 25%, roughly where it remains, still colossal but far below the end of the second world war. By then, the industrial world was "tripolar": US-based North America, German-based Europe, and East Asia, already the most dynamic industrial region, at the time Japan-based, but by now including the former Japanese colonies Taiwan and South Korea, and, more recently, China.

At about that time, American decline entered a new phase: conscious self-inflicted decline. From the 1970s, there has been a significant change in the US economy, as planners, private and state, shifted it toward financialization and the offshoring of production, driven in part by the declining rate of profit in domestic manufacturing. These decisions initiated a vicious cycle in which wealth became highly concentrated (dramatically so in the top 0.1% of the population), yielding concentration of political power, hence legislation to carry the cycle further: taxation and other fiscal policies, deregulation, changes in the rules of corporate governance allowing huge gains for executives, and so on.

Meanwhile, for the majority, real wages largely stagnated, and people were able to get by only by sharply increased workloads (far beyond Europe), unsustainable debt, and repeated bubbles since the Reagan years, creating paper wealth that inevitably disappeared when they burst (and the perpetrators were bailed out by the taxpayer). In parallel, the political system has been increasingly shredded as both parties are driven deeper into corporate pockets with the escalating cost of elections – the Republicans to the level of farce, the Democrats (now largely the former "moderate Republicans") not far behind.

A recent study by the Economic Policy Institute, which has been the major source of reputable data on these developments for years, is entitled Failure by Design. The phrase "by design" is accurate. Other choices were certainly possible. And as the study points out, the "failure" is class-based. There is no failure for the designers. Far from it. Rather, the policies are a failure for the large majority, the 99% in the imagery of the Occupy movements – and for the country, which has declined and will continue to do so under these policies.

One factor is the offshoring of manufacturing. As the solar panel example mentioned earlier illustrates, manufacturing capacity provides the basis and stimulus for innovation leading to higher stages of sophistication in production, design, and invention. That, too, is being outsourced, not a problem for the "money mandarins" who increasingly design policy, but a serious problem for working people and the middle classes, and a real disaster for the most oppressed, African Americans, who have never escaped the legacy of slavery and its ugly aftermath, and whose meager wealth virtually disappeared after the collapse of the housing bubble in 2008, setting off the most recent financial crisis, the worst so far.

American Decline in Perspective, Part 2
By Noam Chomsky

In the years of conscious, self-inflicted decline at home, “losses” continued to mount elsewhere.  In the past decade, for the first time in 500 years, South America has taken successful steps to free itself from western domination, another serious loss. The region has moved towards integration, and has begun to address some of the terrible internal problems of societies ruled by mostly Europeanized elites, tiny islands of extreme wealth in a sea of misery.  They have also rid themselves of all U.S. military bases and of IMF controls.  A newly formed organization, CELAC, includes all countries of the hemisphere apart from the U.S. and Canada.  If it actually functions, that would be another step in American decline, in this case in what has always been regarded as “the backyard.”

Even more serious would be the loss of the MENA countries -- Middle East/North Africa -- which have been regarded by planners since the 1940s as “a stupendous source of strategic power, and one of the greatest material prizes in world history.” Control of MENA energy reserves would yield “substantial control of the world,” in the words of the influential Roosevelt advisor A.A. Berle.
To be sure, if the projections of a century of U.S. energy independence based on North American energy resources turn out to be realistic, the significance of controlling MENA would decline somewhat, though probably not by much: the main concern has always been control more than access.  However, the likely consequences to the planet’s equilibrium are so ominous that discussion may be largely an academic exercise.

The Arab Spring, another development of historic importance, might portend at least a partial “loss” of MENA.  The US and its allies have tried hard to prevent that outcome -- so far, with considerable success.  Their policy towards the popular uprisings has kept closely to the standard guidelines: support the forces most amenable to U.S. influence and control.

Favored dictators are supported as long as they can maintain control (as in the major oil states).  When that is no longer possible, then discard them and try to restore the old regime as fully as possible (as in Tunisia and Egypt).  The general pattern is familiar: Somoza, Marcos, Duvalier, Mobutu, Suharto, and many others.  In one case, Libya, the three traditional imperial powers intervened by force to participate in a rebellion to overthrow a mercurial and unreliable dictator, opening the way, it is expected, to more efficient control over Libya’s rich resources (oil primarily, but also water, of particular interest to French corporations), to a possible base for the U.S. Africa Command (so far restricted to Germany), and to the reversal of growing Chinese penetration.  As far as policy goes, there have been few surprises.

Crucially, it is important to reduce the threat of functioning democracy, in which popular opinion will significantly influence policy.  That again is routine, and quite understandable.  A look at the studies of public opinion undertaken by U.S. polling agencies in the MENA countries easily explains the western fear of authentic democracy, in which public opinion will significantly influence policy.

Israel and the Republican Party

Similar considerations carry over directly to the second major concern addressed in the issue of Foreign Affairs cited in part one of this piece: the Israel-Palestine conflict.   Fear of democracy could hardly be more clearly exhibited than in this case.  In January 2006, an election took place in Palestine, pronounced free and fair by international monitors. 

The instant reaction of the U.S. (and of course Israel), with Europe following along politely, was to impose harsh penalties on Palestinians for voting the wrong way.
That is no innovation.  It is quite in accord with the general and unsurprising principle recognized by mainstream scholarship: the U.S. supports democracy if, and only if, the outcomes accord with its strategic and economic objectives, the rueful conclusion of neo-Reaganite Thomas Carothers, the most careful and respected scholarly analyst of “democracy promotion” initiatives.

More broadly, for 35 years the U.S. has led the rejectionist camp on Israel-Palestine, blocking an international consensus calling for a political settlement in terms too well known to require repetition.  The western mantra is that Israel seeks negotiations without preconditions, while the Palestinians refuse.  The opposite is more accurate.  The U.S. and Israel demand strict preconditions, which are, furthermore, designed to ensure that negotiations will lead either to Palestinian capitulation on crucial issues, or nowhere.

The first precondition is that the negotiations must be supervised by Washington, which makes about as much sense as demanding that Iran supervise the negotiation of Sunni-Shia conflicts in Iraq.  Serious negotiations would have to be under the auspices of some neutral party, preferably one that commands some international respect, perhaps Brazil.  The negotiations would seek to resolve the conflicts between the two antagonists: the U.S.-Israel on one side, most of the world on the other.

The second precondition is that Israel must be free to expand its illegal settlements in the West Bank.  Theoretically, the U.S. opposes these actions, but with a very light tap on the wrist, while continuing to provide economic, diplomatic, and military support.  When the U.S. does have some limited objections, it very easily bars the actions, as in the case of the E-1 project linking Greater Jerusalem to the town of Ma’aleh Adumim, virtually bisecting the West Bank, a very high priority for Israeli planners (across the spectrum), but raising some objections in Washington, so that Israel has had to resort to devious measures to chip away at the project.

The pretense of opposition reached the level of farce last February when Obama vetoed a Security Council resolution calling for implementation of official U.S. policy (also adding the uncontroversial observation that the settlements themselves are illegal, quite apart from expansion).  Since that time there has been little talk about ending settlement expansion, which continues, with studied provocation.

Thus, as Israeli and Palestinian representatives prepared to meet in Jordan in January 2011, Israel announced new construction in Pisgat Ze’ev and Har Homa, West Bank areas that it has declared to be within the greatly expanded area of Jerusalem, annexed, settled, and constructed as Israel’s capital, all in violation of direct Security Council orders.  Other moves carry forward the grander design of separating whatever West Bank enclaves will be left to Palestinian administration from the cultural, commercial, political center of Palestinian life in the former Jerusalem.

It is understandable that Palestinian rights should be marginalized in U.S. policy and discourse.  Palestinians have no wealth or power.  They offer virtually nothing to U.S. policy concerns; in fact, they have negative value, as a nuisance that stirs up “the Arab street.”

Israel, in contrast, is a valuable ally.  It is a rich society with a sophisticated, largely militarized high-tech industry.  For decades, it has been a highly valued military and strategic ally, particularly since 1967, when it performed a great service to the U.S. and its Saudi ally by destroying the Nasserite “virus,” establishing the “special relationship” with Washington in the form that has persisted since.  It is also a growing center for U.S. high-tech investment.  In fact, high tech and particularly military industries in the two countries are closely linked.

Apart from such elementary considerations of great power politics as these, there are cultural factors that should not be ignored.  Christian Zionism in Britain and the U.S. long preceded Jewish Zionism, and has been a significant elite phenomenon with clear policy implications (including the Balfour Declaration, which drew from it).  When General Allenby conquered Jerusalem during World War I, he was hailed in the American press as Richard the Lion-Hearted, who had at last won the Crusades and driven the pagans out of the Holy Land.

The next step was for the Chosen People to return to the land promised to them by the Lord.  Articulating a common elite view, President Franklin Roosevelt’s Secretary of the Interior Harold Ickes described Jewish colonization of Palestine as an achievement “without comparison in the history of the human race.” Such attitudes find their place easily within the Providentialist doctrines that have been a strong element in popular and elite culture since the country’s origins: the belief that God has a plan for the world and the U.S. is carrying it forward under divine guidance, as articulated by a long list of leading figures.

Moreover, evangelical Christianity is a major popular force in the U.S.  Further toward the extremes, End Times evangelical Christianity also has enormous popular outreach, invigorated by the establishment of Israel in 1948, revitalized even more by the conquest of the rest of Palestine in 1967 -- all signs that End Times and the Second Coming are approaching.

These forces have become particularly significant since the Reagan years, as the Republicans have abandoned the pretense of being a political party in the traditional sense, while devoting themselves in virtual lockstep uniformity to servicing a tiny percentage of the super-rich and the corporate sector.  However, the small constituency that is primarily served by the reconstructed party cannot provide votes, so they have to turn elsewhere.

The only choice is to mobilize tendencies that have always been present, though rarely as an organized political force: primarily nativists trembling in fear and hatred, and religious elements that are extremists by international standards but not in the U.S.  One outcome is reverence for alleged Biblical prophecies, hence not only support for Israel and its conquests and expansion, but passionate love for Israel, another core part of the catechism that must be intoned by Republican candidates -- with Democrats, again, not too far behind.

These factors aside, it should not be forgotten that the “Anglosphere” -- Britain and its offshoots -- consists of settler-colonial societies, which rose on the ashes of indigenous populations, suppressed or virtually exterminated.  Past practices must have been basically correct, in the U.S. case even ordained by Divine Providence.  Accordingly there is often an intuitive sympathy for the children of Israel when they follow a similar course.  But primarily, geostrategic and economic interests prevail, and policy is not graven in stone.

The Iranian “Threat” and the Nuclear Issue

Let us turn finally to the third of the leading issues addressed in the establishment journals cited earlier, the “threat of Iran.” Among elites and the political class this is generally taken to be the primary threat to world order -- though not among populations.  In Europe, polls show that Israel is regarded as the leading threat to peace.  In the MENA countries, that status is shared with the U.S., to the extent that in Egypt, on the eve of the Tahrir Square uprising, 80% felt that the region would be more secure if Iran had nuclear weapons.  The same polls found that only 10% regard Iran as a threat -- unlike the ruling dictators, who have their own concerns.

In the United States, before the massive propaganda campaigns of the past few years, a majority of the population agreed with most of the world that, as a signatory of the Non-Proliferation Treaty, Iran has a right to carry out uranium enrichment.  And even today, a large majority favors peaceful means for dealing with Iran.  There is even strong opposition to military engagement if Iran and Israel are at war.  Only a quarter regard Iran as an important concern for the U.S. altogether.  But it is not unusual for there to be a gap, often a chasm, dividing public opinion and policy.

Why exactly is Iran regarded as such a colossal threat? The question is rarely discussed, but it is not hard to find a serious answer -- though not, as usual, in the fevered pronouncements.  The most authoritative answer is provided by the Pentagon and the intelligence services in their regular reports to Congress on global security.  They report that Iran does not pose a military threat.  Its military spending is very low even by the standards of the region, minuscule of course in comparison with the U.S.

Iran has little capacity to deploy force.  Its strategic doctrines are defensive, designed to deter invasion long enough for diplomacy to set it.  If Iran is developing nuclear weapons capability, they report, that would be part of its deterrence strategy.  No serious analyst believes that the ruling clerics are eager to see their country and possessions vaporized, the immediate consequence of their coming even close to initiating a nuclear war.  And it is hardly necessary to spell out the reasons why any Iranian leadership would be concerned with deterrence, under existing circumstances.

The regime is doubtless a serious threat to much of its own population -- and regrettably, is hardly unique on that score.  But the primary threat to the U.S. and Israel is that Iran might deter their free exercise of violence.  A further threat is that the Iranians clearly seek to extend their influence to neighboring Iraq and Afghanistan, and beyond as well.  Those “illegitimate” acts are called “destabilizing” (or worse).  In contrast, forceful imposition of U.S. influence halfway around the world contributes to “stability” and order, in accord with traditional doctrine about who owns the world.

It makes very good sense to try to prevent Iran from joining the nuclear weapons states, including the three that have refused to sign the Non-Proliferation Treaty -- Israel, India, and Pakistan, all of which have been assisted in developing nuclear weapons by the U.S., and are still being assisted by them.  It is not impossible to approach that goal by peaceful diplomatic means.  One approach, which enjoys overwhelming international support, is to undertake meaningful steps towards establishing a nuclear weapons-free zone in the Middle East, including Iran and Israel (and applying as well to U.S. forces deployed there), better still extending to South Asia.

Support for such efforts is so strong that the Obama administration has been compelled to formally agree, but with reservations: crucially, that Israel’s nuclear program must not be placed under the auspices of the International Atomic Energy Association, and that no state (meaning the U.S.) should be required to release information about “Israeli nuclear facilities and activities, including information pertaining to previous nuclear transfers to Israel.” Obama also accepts Israel’s position that any such proposal must be conditional on a comprehensive peace settlement, which the U.S. and Israel can continue to delay indefinitely.

This survey comes nowhere near being exhaustive, needless to say. Among major topics not addressed is the shift of U.S. military policy towards the Asia-Pacific region, with new additions to the huge military base system underway right now, in Jeju Island off South Korea and Northwest Australia, all elements of the policy of “containment of China.” Closely related is the issue of U.S. bases in Okinawa, bitterly opposed by the population for many years, and a continual crisis in U.S.-Tokyo-Okinawa relations.
Revealing how little fundamental assumptions have changed, U.S. strategic analysts describe the result of China’s military programs as a “classic 'security dilemma,' whereby military programs and national strategies deemed defensive by their planners are viewed as threatening by the other side,” writes Paul Godwin of the Foreign Policy Research Institute.  The security dilemma arises over control of the seas off China’s coasts.  The U.S. regards its policies of controlling these waters as “defensive,” while China regards them as threatening; correspondingly, China regards its actions in nearby areas as “defensive” while the U.S. regards them as threatening.   No such debate is even imaginable concerning U.S. coastal waters.  This “classic security dilemma” makes sense, again, on the assumption that the U.S. has a right to control most of the world, and that U.S. security requires something approaching absolute global control.
While the principles of imperial domination have undergone little change, the capacity to implement them has markedly declined as power has become more broadly distributed in a diversifying world.  Consequences are many.  It is, however, very important to bear in mind that -- unfortunately -- none lifts the two dark clouds that hover over all consideration of global order: nuclear war and environmental catastrophe, both literally threatening the decent survival of the species.
Quite the contrary. Both threats are ominous, and increasing