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Showing posts with label sovereign. Show all posts
Showing posts with label sovereign. Show all posts

Tuesday 15 October 2013

From Obamacare to trade, superversion not subversion is the new and very real threat to the state


Rightwing politicians and their press use talk of patriotism to disguise where their true loyalty lies: the wealthy elite
Daily Mail editor-in-chief Paul Dacre
Daily Mail editor Paul Dacre. 'Strangely, this suspicion of the state and the People Who Know Best does not appear to extend to the security services, whose assault on our ­freedoms Dacre was defending'. Photograph: Suzanne Plunkett/Reuters
Subversion ain't what it used to be. Today it scarcely figures as a significant force. Nation states are threatened by something else.  Superversion: an attack from above.
It takes several forms. One is familiar, but greatly enhanced by new technology: the tendency of spooks and politicians to use the instruments of state to amplify undemocratic powers. We've now learnt that even members of the cabinet and the National Security Council had no idea what GCHQ was up to. No one told them that it was developing the capacity to watch, if it chooses, everything we do online. The real enemies of state (if by state we mean the compact between citizens and those they elect) are people like the head of MI5, and the home secretary, who seem to have failed to inform cabinet colleagues about these programmes.
Allied to the old abuses is a newer kind of superversion: the attempts by billionaires and their lieutenants to destroy the functions of the state. Note the current shutdown – and the debt-ceiling confrontation scheduled for Thursday – in the United States. The Republicans, propelled by a Tea Party movement created by the Koch brothers and financed by a gruesome collection of multimillionaires, have engineered what in other circumstances would be called a general strike. The difference is that the withdrawal of their labour has been imposed on the workers.
The narrow purpose of the strike is to prevent the distribution of wealth to poorer people, through the Affordable Care Act. The wider purpose (aside from a refusal to accept the legitimacy of a black president) is to topple the state as an effective instrument of taxation, regulation and social protection. The Koch shock troops in the Republican party seem prepared to inflict almost any damage in pursuit of this insurgency, including – if they hold out on Thursday – a US government default, which could trigger a new global financial crisis.
They do so on behalf of a class which has, in effect, seceded. It floats free of tax and the usual bonds of citizenship, jetting from one jurisdiction to another as it seeks the most favourable havens for its wealth. It removes itself so thoroughly from the life of the nation that it scarcely uses even the roads. Yet, through privatisation and outsourcing, it is capturing the public services on which the rest of us depend.
Using an unreformed political funding system to devastating effect, this superversive class demands that the state stop regulating, stop protecting, stop intervening. When this abandonment causes financial crisis, the remaining taxpayers are forced to bail out the authors of the disaster, who then stash their bonuses offshore.
One result is that those who call themselves conservatives and patriots appear to be deeply confused about what they are defending. In his article last week attacking the Guardian for revealing GCHQ's secret surveillance programmes, Paul Dacre, the editor of the Daily Mail, characterised his readers as possessing an "over-riding suspicion of the state and the People Who Know Best". Strangely, this suspicion of the state and the People Who Know Best does not appear to extend to the security services, whose assault on our freedoms Dacre was defending.
To the rightwing press and the Conservative party, patriotism means standing up to the European Union. But it also means capitulating to the United States. It's an obvious and glaring contradiction, which is almost never acknowledged, let alone explained. In reality the EU and the US have become proxies for something which transcends national boundaries. The EU stands for state control and regulation while the US represents deregulation and atomisation.
In truth, this distinction is outdated, as the handful of people who have heard of the Transatlantic Trade and Investment Partnership (TTIP) will appreciate. The European commission calls it "the biggest trade deal in the world". Its purpose is to create a single transatlantic market, in which all regulatory differences between the US and the EU are gradually removed.
It has been negotiated largely in secret. This time, they're not just trying to bring down international trade barriers, but, as the commission boasts, "to tackle barriers behind the customs border – such as differences in technical regulations, standards and approval procedures". In other words, our own laws, affecting our own people.
A document published last year by two huge industrial lobby groups – the US Chamber of Commerce and BusinessEurope – explains the partnership's aims. It will have a "proactive requirement", directing governments to change their laws. The partnership should "put stakeholders at the table with regulators to essentially co-write regulation". Stakeholder is a euphemism for corporation.
They want it; they're getting it. New intellectual property laws that they have long demanded, but which sovereign governments have so far resisted – not least because of the mass mobilisation against the Stop Online Piracy Act and Protect IP Act in the US – are back on the table, but this time largely inaccessible to public protest.
So are data protection, public procurement and financial services. You think that getting your own government to regulate bankers is hard enough? Try appealing to a transnational agreement brokered by corporations and justified by the deemed consent of citizens who have been neither informed nor consulted.
This deal is a direct assault on sovereignty and democracy. So where are the Daily Mail and the Telegraph and the other papers which have campaigned so hard against all transfers of power to the European Union? Where are the Conservative MPs who have fought for an EU referendum? Eerie silence descends. They do not oppose the TTIP because their allegiance lies not with the nation but with the offshored corporate elite.
These fake patriots proclaim a love for their country, while ensuring that there is nothing left to love. They are loyal to the pageantry – the flags, the coinage, the military parades – but intensely disloyal to the nation these symbols are supposed to represent. The greater the dissonance becomes, the louder the national anthem plays.

Thursday 17 January 2013

The west's crisis is one of democracy as much as finance


The spirit of dictators like Ceausescu is finding new life in the response of the European elite to pressures in the eurozone
CEAUSESCU
Nicolae Ceausescu addresses Romania's Communist party congress in November 1989, shortly before he was deposed and executed. Photograph: Gerard Fouet/AFP
 
In one of the last interviews before his fall, Nicolae Ceausescu was asked by a western journalist how he justified the fact that Romanian citizens could not travel freely abroad although freedom of movement was guaranteed by the constitution. His answer was in the best tradition of Stalinist sophistry: true, the constitution guarantees freedom of movement, but it also guarantees the right to a safe, prosperous home. So we have here a potential conflict of rights: if Romanian citizens were to be allowed to leave the country, the prosperity of their homeland would be threatened. In this conflict, one has to make a choice, and the right to a prosperous, safe homeland enjoys clear priority …

It seems that this same spirit is alive and well in Slovenia today. Last month the constitutional court found that a referendum on legislation to set up a "bad bank" and a sovereign holding would be unconstitutional – in effect banning a popular vote on the matter. The referendum was proposed by trade unions challenging the government's neoliberal economic politics, and the proposal got enough signatures to make it obligatory.

The idea of the "bad bank" was of a place to transfer all bad credit from main banks, which would then be salvaged by state money (ie at taxpayers' expense), so preventing any serious inquiry into who was responsible for this bad credit in the first place. This measure, debated for months, was far from being generally accepted, even by financial specialists. So why prohibit the referendum? In 2011, when George Papandreou's government in Greece proposed a referendum on austerity measures, there was panic in Brussels, but even there no one dared to directly prohibit it.

According to the Slovenian constitutional court, the referendum "would have caused unconstitutional consequences". How? The court conceded a constitutional right to a referendum, but claimed that its execution would endanger other constitutional values that should be given priority in an economic crisis: the efficient functioning of the state apparatus, especially in creating conditions for economic growth; the realisation of human rights, especially the rights to social security and to free economic initiative.

In short, in assessing the consequences of the referendum, the court simply accepted as fact that failing to obey the dictates of international financial institutions (or to meet their expectations) can lead to political and economic crisis, and is thus unconstitutional. To put it bluntly: since meeting these dictates and expectations is the condition of maintaining the constitutional order, they have priority over the constitution (and eo ipso state sovereignty).

Slovenia may be a small country, but this decision is a symptom of a global tendency towards the limitation of democracy. The idea is that, in a complex economic situation like today's, the majority of the people are not qualified to decide – they are unaware of the catastrophic consequences that would ensue if their demands were to be met. This line of argument is not new. In a TV interview a couple of years ago, the sociologist Ralf Dahrendorf linked the growing distrust for democracy to the fact that, after every revolutionary change, the road to new prosperity leads through a "valley of tears". After the breakdown of socialism, one cannot directly pass to the abundance of a successful market economy: limited, but real, socialist welfare and security have to be dismantled, and these first steps are necessarily painful. The same goes for western Europe, where the passage from the post-second world war welfare state to new global economy involves painful renunciations, less security, less guaranteed social care. For Dahrendorf, the problem is encapsulated by the simple fact that this painful passage through the "valley of tears" lasts longer than the average period between elections, so that the temptation is great to postpone the difficult changes for the short-term electoral gains.

For him, the paradigm here is the disappointment of the large strata of post-communist nations with the economic results of the new democratic order: in the glorious days of 1989, they equated democracy with the abundance of western consumerist societies; and 20 years later, with the abundance still missing, they now blame democracy itself.

Unfortunately, Dahrendorf focuses much less on the opposite temptation: if the majority resist the necessary structural changes in the economy, would one of the logical conclusions not be that, for a decade or so, an enlightened elite should take power, even by non-democratic means, to enforce the necessary measures and thus lay the foundations for truly stable democracy?

Along these lines, the journalist Fareed Zakaria pointed out how democracy can only "catch on" in economically developed countries. If developing countries are "prematurely democratised", the result is a populism that ends in economic catastrophe and political despotism – no wonder that today's economically most successful third world countries (Taiwan, South Korea, Chile) embraced full democracy only after a period of authoritarian rule. And, furthermore, does this line of thinking not provide the best argument for the authoritarian regime in China?

What is new today is that, with the financial crisis that began in 2008, this same distrust of democracy – once constrained to the third world or post-communist developing countries – is gaining ground in the developed west itself: what was a decade or two ago patronising advice to others now concerns ourselves.

The least one can say is that this crisis offers proof that it is not the people but experts themselves who do not know what they are doing. In western Europe we are effectively witnessing a growing inability of the ruling elite – they know less and less how to rule. Look at how Europe is dealing with the Greek crisis: putting pressure on Greece to repay debts, but at the same time ruining its economy through imposed austerity measures and thereby making sure that the Greek debt will never be repaid.

At the end of October last year, the IMF itself released research showing that the economic damage from aggressive austerity measures may be as much as three times larger than previously assumed, thereby nullifying its own advice on austerity in the eurozone crisis. Now the IMF admits that forcing Greece and other debt-burdened countries to reduce their deficits too quickly would be counterproductive, but only after hundreds of thousands of jobs have been lost because of such "miscalculations".

And therein resides the true message of the "irrational" popular protests all around Europe: the protesters know very well what they don't know; they don't pretend to have fast and easy answers; but what their instinct is telling them is nonetheless true – that those in power also don't know it. In Europe today, the blind are leading the blind.

Monday 26 November 2012

How could Greece and Argentina – the new 'debt colonies' – be set free?


chains
Protesters wear chains in a protest against Greece's austerity measures. The burden of debt falls mostly on the weaker members of society. Photograph: Aris Messinis/AFP/Getty Images
Colonialism is back. Well, at least according to leading politicians of the two most famous debtor nations. Commenting on the EU's inability to deliver its end of the bargain despite the savage spending cuts Greece had delivered, Alexis Tsipras, the leader of the opposition Syriza party, said last week that his country was becoming a "debt colony". A couple of days later, Hernán Lorenzino, Argentina's economy minister, used the term "judicial colonialism" to denounce the US court ruling that his country has to pay in full a group of "vulture funds" that had held out from the debt restructuring that followed the country's 2002 default.
While their language was deliberately incendiary, these two politicians were making extremely important points. Tsipras was asking why most burdens of adjustment for bad loans have to fall on the debtor country and, within them, mostly on its weaker members. And he is right. As they say, it takes two to tango, so those who condemn Greece for imprudent borrowing should also condemn the imprudent lenders that made it possible.
Lorenzino was asking how we can let one court ruling in a foreign country in favour of one small group of creditors (who bought the debt in the secondary market) derail a painfully engineered process of national recovery. The absurdity of this situation becomes clear when we recall that, partly thanks to the default and subsequent debt restructuring,Argentina, expanding at close to 7% per year, has been the fastest growing Latin American economy between 2003 and 2011.
But there is far more at stake here than the national welfares of Greece and Argentina, important though they are. The Greek debt problem has dragged down not just Greece but the whole eurozone, and with it the world economy. Had the Greek debt been quickly reduced to a manageable level through restructuring, the eurozone would be in a much better shape today. In the Argentinian case, we are risking not just an end to Argentina's recovery but a fresh round of turmoil in the global financial market because of one questionable US court ruling.
Many people argue that, regrettable as they may be, such situations are unavoidable. However, when it comes to debt problems within our borders, we actually don't let the same situation develop. All national bankruptcy laws allow companies with too big a debt problem to declare themselves bankrupt. Once bankruptcy is declared, the debtor company and its creditors are forced to work together to reorganise the company's affairs, under clear rules.
First, a standstill is imposed on debt repayments – for as long as six months in the case of the debtor-friendly American bankruptcy law. Second, subject to the majority (or in some countries a super-majority of two thirds) of them agreeing, creditors are required to accept a debt reduction programme in return for a new company management strategy. This programme could involve outright reduction (or even cancellation) of debts, lowering of interest rates, and extension of the repayment period. Third, lawsuits by individual creditors are banned until there is an agreement, so that individual creditors cannot disrupt the restructuring process. Fourth, the claims of other stakeholders on the company are also taken into account, with wages being typically given "seniority" over debts.
Unfortunately, no mechanism like this exists for countries, which is what has made sovereign debt crises so difficult to manage. Because they don't have any legal protection from creditors in times of trouble, countries typically postpone the necessary restructuring of their economies by piling on more debts in the (usually unfulfilled) hope that the situation will somehow resolve itself. This makes the debt problem bigger than necessary.
What's more, because they cannot officially go bankrupt, countries face a stark choice. Either they default and risk exclusion in the international financial market (although countries can overcome it quickly, as Russia and Malaysia did in the late 1990s) or they have to opt for a de facto default, in which they pretend that they have not defaulted by making full repayments on their existing loans with money borrowed from public bodies, like the International Monetary Fund and the EU, while trying to negotiate debt restructuring.
The problem with this solution is that, in the absence of clear rules, the debt renegotiation process becomes lengthy, and can push the economy into a downward spiral. We have seen this in many Latin American countries in the 1980s, and we are seeing it today in Greece and other eurozone periphery economies.
Meanwhile, the absence of rules equivalent to the protection of wage claims in corporate bankruptcy law means that claims by weaker stakeholders – pensions, unemployment insurance, income supports – are the first to go. This creates social unrest, which then threatens recovery by discouraging investment.
It is not because people condoned defaulting per se that they came to introduce the corporate bankruptcy law. It was because they recognised that in the long run, creditors – and the broader economy, too – are likely to benefit more from reducing the debt burdens of companies in trouble, so that they can get a fresh start, than by letting them disintegrate in a disorderly way.
It is high time that we applied the same principles to countries and introduced a sovereign bankruptcy law.