Archive for the ‘Commentary’ Category

Singing the Praise of Fruitless Peace Talks

December 23, 2008

Stuart Littlewood | uruknet.info, December 22, 2008

Ed Davey, the Liberal Democrats’ new ‘shadow’ foreign secretary here in Britain, reports on his first trip to Palestine/Israel in TotallyJewish.com, a strange choice of platform for a self-styled ‘liberal’.

His biggest impression, he says, was optimism for the peace process: “I developed a strong sense that both sides trusted each other.”

But as far as I’m aware he didn’t meet the Palestine side – only the Fatah faction, whose cosiness with Israel is the stuff of scandal.

Last week, in a display of mutual admiration between US president Bush and Fatah’s president Abbas, Bush reportedly said: “People must recognise that we have made a good deal of progress” and Middle East peace talks are now “irreversible”. Abbas, whose days are also numbered, praised the outgoing US president saying: “There is no doubt that we will continue these efforts and the peace negotiations, but everything will be based on the foundation, and that foundation was laid by you during your time in office.”

But when Abbas’s team was asked if Bush would press Israel to ease its blockade of Gaza, it seemed the US president would not commit to negotiating an end to the siege. So we can see how devoted they actually are to the cause of peace.

Meanwhile the Quartet – America, the EU, Russia and the United Nations – says there’s no turning back from US-led talks between Israel and the Palestinians, despite their spectacular lack of progress.

So everyone in high places is singing from the same hymn-sheet in praise of a fruitless peace process.

They know perfectly well, of course, that the Israelis have for decades played for time, stringing the world along and whining that they have “no partner for peace” while continuing to seize and colonize all the land and water resources needed to fulfill the Zionist dream of a Greater Israel from the Jordan to the Mediterranean… or, some say, the Euphrates to the Nile. To that end the regime has endlessly violated UN resolutions, international law and the norms of human decency.

Respected Israeli expert Jeff Halper has warned that Israel intends to make its illegal occupation permanent, hence the frenzied rush to establish irreversible facts on the ground like the monstrous settlements and their supporting infrastructure, to press ahead with further demolition of Arab homes and more ethnic cleansing, and to fracture the remnants of Palestine so that they cannot possibly be drawn together to form a viable, independent state.

Anyone who bothers to read the manifestos of the Likud and Kadima parties understands that it is Israel which is no partner for peace, never was and probably never will be.

So, World leaders, what’s your game? Why should Palestinians have to talk to their tormentors? The path to peace is clearly marked in countless rulings by the United Nations and by the International Court of Justice. These are waiting to be implemented and enforced. Here are some examples…

• Resolution 181 (the Partition Plan of 1947 accepted by the Jews) declares Jerusalem, including Bethlehem and Beit Sahour, a corpus separatum – to be run under an international UN administration. This was reiterated in Resolution 303 a year later. We’re still waiting.
• Resolution 194: resolves that refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage. That was 60 years ago.
• Resolution 237: Israel to allow return of the ‘new’ 1967 Palestinian refugees.
• Resolution 242: emphasizes the inadmissibility of acquiring territory by war and calls on Israel to withdraw its forces from land occupied in 1967.
• Resolution 252: declares ‘invalid’ Israel’s attempts to unify Jerusalem as the Jewish capital.
• Resolution 271: condemns Israel’s failure to obey UN resolutions on Jerusalem.
• Resolution 298: deplores Israel’s changing of the status of Jerusalem.
• Resolution 446: determines that Israeli settlements are a ‘serious obstruction’ to peace and calls on Israel to abide by the Fourth Geneva Convention.
• Resolution 452: calls on Israel to cease building settlements in occupied territories.
• Resolution 465: deplores Israel’s settlements and asks all member states not to assist Israel’s settlements program.
• Resolution 469: strongly deplores Israel’s failure to observe the Council’s order not to deport Palestinians.
• Resolution 471: expresses deep concern’ at Israel’s failure to abide by the Fourth Geneva Convention.
• Resolution 476: reiterates that Israel’s claims to Jerusalem are null and void.
• Resolution 478: censures Israel in the strongest terms for its claim to Jerusalem in its Basic Law.
• Resolution 605: strongly deplores Israel’s policies and practices denying the human rights of Palestinians.
• Resolution 608: deeply regrets that Israel has defied the United Nations and deported Palestinian civilians.
• Resolution 641: deplores Israel’s continuing deportation of Palestinians.
• Resolution 673: deplores Israel’s refusal to cooperate with the United Nations.
• Resolution 681: deplores Israel’s resumption of the deportation of Palestinians.
• Resolution 694: deplores Israel’s deportation of Palestinians and calls on it to ensure their safe and immediate return.
• Resolution 726: strongly condemns Israel’s deportation of Palestinians.
• Resolution 799: ditto

The Fourth Geneva Convention is supposed to protect civilians under military occupation…. no violence to life or person, no cruelty or torture; no taking of hostages; no outrages upon personal dignity; no collective punishment, no sentencing or executions unless ordered by a properly constituted court affording all the judicial guarantees demanded by civilised peoples.

In 2004 the International Court of Justice – that “principal judicial organ of the United Nations” – ruled that the Separation Wall is illegal and must be dismantled, and Israel must compensate Palestinians for damage. Furthermore, said the ICJ, all States are under an obligation not to recognize the illegal situation resulting from the construction of the Wall and to ensure Israel complies with international humanitarian law.

Israel is still building it.

The quarrel is clearly between the international community and Israel. So please, World leaders, spare us all this tosh about peace negotiations. There can be no peace while one party has his jackboot on the other’s throat. The major powers must first ensure all relevant UN resolutions are respected and international law enforced, not swept under the carpet. The time for Palestinians to sit down and talk is when Israel’s forces are pulled back, as required, behind the 1967 border.

What if Israel won’t comply? Easy: suspend trade and technical co-operation.

Mr Davey said when asked about his trip: “My one regret was not being allowed to visit Gaza, something I hope to put right as soon as my diary allows.” Not allowed to? By whom? Did the Israeli authorities stop him, just as they stopped a surgeon friend from entering Gaza a month ago with a team of medics, stopped the Pope’s nuncio and stopped the UN Special Rapporteur for the Occupied Palestinian Territories, Professor Richard Falk, who is due to report on the situation to the UN Human Rights Council in March?

Mr Davey didn’t explain. But expressing his intention to visit Gaza does him credit. He certainly won’t get a balanced view until he sees for himself and meets Hamas. I wish him well. We are in desperate need of champions for justice, a rare breed in international politics these days.

-Stuart Littlewood is author of the book Radio Free Palestine, which tells the plight of the Palestinians under occupation. For further information please visit www.radiofreepalestine.co.uk.

:: Article nr. 49812 sent on 23-dec-2008 10:50 ECT

www.uruknet.info?p=49812

The Unfortunate, the Innocent and the Wrongly Convicted in the United States

December 22, 2008

Country Without Mercy

PAUL CRAIG ROBERTS | Counterpunch, Dec 19 – 21, 2008

The Christmas season is a time to remember the unfortunate, among whom are those who have been wrongly convicted.

In the United States, the country with the largest prison population in the world, the number of wrongly convicted is very large. Hardly any felony charges are resolved with trials. The vast majority of defendants, both innocent and guilty, are coerced into plea bargains. Not only are the innocent framed, but the guilty as well. It is quicker and less expensive to frame the guilty than to convict them on the evidence.

Many Americans are wrongfully convicted because they trust the justice system. They naively believe that police and prosecutors are moved by evidence and have a sense of justice. The trust they have in authorities makes them easy victims of a system that has no moral conscience and is untroubled by the injustice it perpetrates.

Lt. William Strong, son of a military family, tired of his wife’s unfaithfulness and filed for divorce. The unfaithful wife retaliated by accusing Strong of rape. There was no evidence of rape, but Strong was deceived into a plea bargain. Once Strong entered a plea, he was double-crossed and given 60 years.

Christophe Gaynor took an adolescent skateboard team to New York City for a competition. One of the kids attempted to buy illicit drugs. Gaynor threatened to tell the boy’s parents, and the boy pre-empted Gaynor by accusing him of sexual molestation.
Gaynor was openly framed in the Arlington, Virginia, court system.

Americans, or, perhaps more accurately, some Americans, were horrified by the photographs showing the torture of Iraqi detainees in Abu Ghraib by the U.S. military. The Senate Armed Services Committee has issued a report, which concludes that the torture policy originated at the highest level of the Bush administration. Those Americans with a moral conscience have reeled under further revelations – the torture of Guantanamo detainees, the transport of people seized by U.S. authorities to Third World countries to be tortured.

We have to ask ourselves, why American service men and women and CIA operatives delight in torturing people about whom they know nothing? It has been well known since the Stalin era that torture never produces accurate information. Yet, U.S. soldiers and CIA personnel jumped at the green light given to torture by President George W. Bush, Vice President Dick Cheney, Secretary of Defense Rumsfeld, and the U.S. Department of Justice. Why weren’t our soldiers shocked instead at the immorality of their leaders?

One answer is that the U.S. military no longer operates according to a code of honor. Military discipline in the traditional sense does not exist. The ethos of the U.S. military has degenerated into kick-ass macho. Major General Taguba, who, instead of covering up the Abu Ghraib scandal, attempted in his report to hold the U.S. military to its traditional principles, was forced to resign from the U.S. Army.

Another answer is that the work of torture, like police work and prosecutorial work, attracts brutal people who enjoy inflicting harm on others. The two Republican female U.S. attorneys in Alabama who framed Democratic Governor Seligman enjoyed ruining Seligman and bringing grief to his family.

Deborah Davies of the BBC’s Channel 4 undertook a four-month investigation of the torture of American prisoners inside American prisons. Videos taken by sadistic prison guards and videos recovered from surveillance cameras reveal horrible acts of torture and even of murder of prisoners by prison guards.

An American prison reformer told Deborah Davies, “We’ve become immune to the abuse. The brutality has become customary.”

“Law and order conservatives” have a great responsibility for this evil. Just as “law and order conservatives” created hysteria among the people about crime, they created hysteria about terrorists. Hysterical people condone great evils and arm government with power in the mistaken belief that it will protect them.

What kind of people have we become when we exercise no oversight over a criminal justice (sic) system that destroys the lives of innocent people and locks them away in prisons to be tortured by sadistic guards?

Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration. He is coauthor of The Tyranny of Good Intentions.He can be reached at: PaulCraigRoberts@yahoo.com

Systematic Failure to Protect Unaccompanied Migrant Children in Greece

December 22, 2008

Left to Survive

Some 1,000 unaccompanied migrant children who have entered Greece in 2008 without parents or caregivers struggle to survive without any state assistance, Human Rights Watch said in a new report issued today. Although a member of the European Union, Greece flouts its most basic obligations when it comes to meeting the rights of these children, many of whom come from war-torn countries, including Afghanistan, Somalia, and Iraq, with special protection needs.

This 111-page report documents the plight of the majority of unaccompanied children who have entered Greece and end up in a daily fight for survival.

RIGHTS-INDIA: New Anti-Terror Laws Draconian Say Activists

December 22, 2008

Analysis by Praful Bidwai | Inter Press Service

NEW DELHI, Dec 19 (IPS) – Following the late November terror attacks in Mumbai, India has passed two tough laws being seen by rights activists as potentially eroding the country’s federal structure and limiting fundamental liberties.

Parliament — meeting under the shadow of the November 26-29 attacks on India’s commercial hub resulting in close to 200 deaths — approved the legislations on Thursday with no considered debate and the ruling United Progressive Alliance (UPA) of Prime Minister Manmohan Singh pushing them past amendments tabled by several parliamentarians.

One law, the National Investigation Agency (NIA) Act, seeks to establish a new police organisation to investigate acts of terrorism and other statutory offences.

The other, the Unlawful Activities (Prevention) Amendment (UAPA) Act, radically changes procedures for trying those accused of terrorism, extends the periods of police custody and of detention without charges, denies bail to foreigners, and the reverses the burden of proof in many instances.

Civil liberties activists and public-spirited citizens are appalled at the new laws, which they describe as draconian and excessive in relation to the measures India really needs to take to fight terrorism.

“The UAPA Act is particularly vile, and will have the effect of turning India into a virtual police state,” says Colin Gonsalves, executive director of the Delhi-based Human Rights Law Network. “It basically brings back a discredited law, the Prevention of Terrorism Act of 2002 (POTA), except for admitting confessions made to a police officer as legal evidence.”

POTA was an extremely unpopular law, which the UPA government abrogated upon coming to power in 2004 in response to innumerable complaints of its selective and discriminatory use against India’s Muslim minority, and its cavalier and irresponsible application to offences not even remotely connected with terrorism.

While rescinding POTA, the UPA kept in place all of India’s criminal laws, which are much stricter than those in many democracies.

In addition, it also enacted an amendment to the Unlawful Activities Act, 1967, which increased punishment for committing acts of terrorism and for harbouring terrorists or financing them, enhanced police powers of seizures, made communications intercepts admissible as evidence, and increased the period of detention without charges to 90 days from the existing 30 days.

However, this was not enough to please those who want a “strong” militarised state which will prevent and punish terrorism by violating the citizen’s fundamental rights, including the right to a fair trial, and not to be detained without charges.

India’s main right-wing political group, the Bharatiya Janata Party, has been stridently demanding that POTA be re-enacted. Until recently, the UPA, the Left and other centrist parties stood firm in rejecting the demand despite the numerous terrorist attacks that India has suffered over the past few years.

“But now, the UPA has suddenly, and shamefully, caved in to the BJP’s demand under the pressure of elite opinion,” says Jairus Banaji, a highly regarded Mumbai-based social scientist. “The capitulation seems to be based on the UPA’s anxiety to counter the BJP’s ridiculous charge that it lacks the will to fight terrorism, and on its political calculations about the next general election due by May.”

In its desperation to be seen to be taking a tough stand against terrorism, the Manmohan Singh government also tabled the NIA Bill earlier this week. The new agency will specifically investigate offences related to atomic energy, aviation and maritime transport, weapons of mass destruction, and Left-wing extremism, besides terrorism.

Significantly, it excludes Right-wing terrorism, which has become a greater menace in India.

Unlike the existing Central Bureau of Investigation, which needs the consent of a state before investigating crimes there, the NIA will not need a state’s concurrence. This is a serious infringement of the federal system, where law and order is a state subject.

Many state governments and regional political parties have sharply criticised the Act on this count. In India, Central agencies are politically vulnerable to manipulation by New Delhi and often used to settle scores with states ruled by opposition parties.

The NIA Act also provides for special courts to try various offences. This too has drawn criticism from eminent lawyers such as Rajeev Dhavan, who argues that the potential misuse of this anti-terror legislation will now “come from both the states and the union, which can hijack the case”.

The UAPA Act contains a number of draconian clauses, and is also applicable to the entire country — unlike the Unlawful Activities Act, which was originally not extended to the strife-torn state of Jammu and Kashmir. This too has drawn protests from Kashmir-based political parties and human rights groups.

The stringent clauses cover a broad range, including a redefinition of terrorism, harsh punishment extending from five years’ imprisonment to life sentence or death, long periods of detention, and presumption of guilt in case weapons are recovered from an accused person.

The new definition now includes acts done with the intent to threaten or “likely” to threaten the unity, integrity, security or sovereignty of India, and offences related to radioactive or nuclear substances, and even attempts to overawe, kidnap or abduct constitutional and other functionaries that may be listed by the government. Dhavan says: “The list is potentially endless.”

Under the Act, an accused can be held in police custody for 30 days, and further detained without charges for 180 days, although courts can restrict the period to 90 days.

“This is a travesty of constitutional rights and the rule of law,” says Gonsalves. “Even worse is the presumption of guilt in case there is a recovery of arms, explosives and other substances, suspected to be involved, including fingerprints on them. The police in India routinely plants such arms and explosives, and creates a false record of recovery.”

“The very fact that offences such as organising terrorist training camps or recruiting or harbouring terrorists carry a punishment as broad as three or five years to life imprisonment shows that the government has not applied its mind to the issue,’’ Gonsalves added.

Under the Act, there is a general obligation to disclose any information that a police officer of a certain rank thinks is relevant to the investigation. Failure to disclose information can lead to imprisonment for three years. Journalists are not exempt from this.

Besides making telecommunications and e-mail intercepts admissible as evidence, the Act also denies bail to all foreign nationals, and mandates a refusal of bail to anyone if a prima facie case exists, which is decided on the basis of a First Information Report filed by the police.

POTA and its predecessor, Terrorist and Disruptive Activities (Prevention) Act (TADA), were extensively abused. They typically targeted the religious minorities, specifically Muslims, and allowed for their harassment and persecution.

The TADA story is especially horrifying. Some 67,000 people were arrested under it, but only 8,000 put on trial, and a mere 725 convicted.

Official TADA Review Committees themselves found the law’s application untenable in all but 5,000 cases. In 1993, Gujarat witnessed no terrorism, but more than 19,000 people were still arrested under TADA.

Religious minorities were selectively targeted under both Acts. For instance, in Rajasthan, of 115 TADA detainees, 112 were Muslims and three Sikhs.

Gujarat had a worse pattern under POTA, when all but one of the 200-plus detainees were Muslims, the remaining one a Sikh.

The passing of the two new laws is certain to increase the alienation of India’s Muslims from the state. They have been the principal victims of India’s anti-terrorism strategy and activities in recent years.

Muslims are first to be arrested and interrogated after any terrorist incident, even when the victims are Muslims, and although strong evidence has recently emerged of a well-ramified pro-Hindu terrorist network, in which serving and retired army officers were found to be key players.

Muslims also distressed at the alacrity and haste with which the new laws were passed, especially since it contrasts with the UPA government’s failure to enact a law it promised five years ago to punish communal violence and hate crimes targeting specific religious groups.

“This will pave the way for more disaffection amongst Muslims and make the social and political climate more conducive to terrorism,” argues Gonsalves. “Even worse, it will promote excesses of the kind associated with state terrorism. And that is no way to fight sub-state terrorism.”

Will Bush Officials Face War Crimes Trials? Few Expect It

December 21, 2008

by Marisa Taylor | McClatchy Newspapers, Dec 19, 2008

WASHINGTON – Emboldened by a Democratic win of the White House, civil libertarians and human rights groups want the incoming Obama administration to investigate whether the Bush administration committed war crimes. They don’t just want low-level CIA interrogators, either. They want President George W. Bush on down.

[CONFESSED WAR CRIMINAL DICK CHENEY  "It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened," said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. "It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome."]CONFESSED WAR CRIMINAL DICK CHENEY “It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened,” said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. “It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome.”


In the past eight years,  administration critics have demanded that top officials be held accountable for a host of expansive assertions of executive powers from eavesdropping without warrants to detaining suspected enemy combatants indefinitely at the Guantanamo Bay military prison. A recent bipartisan Senate report on how Bush policies led to the abuse of detainees has fueled calls for a criminal investigation.

But even some who believe top officials broke the law don’t favor criminal prosecutions. The charges would be too difficult legally and politically to succeed.

Without wider support, the campaign to haul top administration officials before an American court is likely to stall.

In the end, Bush administration critics might have more success by digging out the truth about what happened and who was responsible, rather than assigning criminal liability, and letting the court of public opinion issue the verdicts, many say.

“It is mind boggling to say eight years later that there is not going to be some sort of criminal accountability for what happened,” said David Glazier, a law of war expert at Loyola Law School in Los Angeles and a retired naval officer. “It certainly undermines our moral authority and our ability to criticize other countries for doing exactly the same thing. But given the legal issues and the political reality, I am hard pressed to see any other outcome.”

Robert Turner, a former Reagan White House lawyer who supported several of the Bush administration’s assertions of executive powers, but not the use of harsh interrogation techniques, said that war crimes “may well have been committed,” given reports by human-rights organizations that some prisoners may have been beaten to death.

Turner was outraged when Bush signed an executive order in 2007 that he believes permitted highly abusive treatment, so long as the “purpose” was to acquire intelligence to stop future terrorist attacks, rather than just to humiliate or degrade the detainee.

He recalls telling senior Justice Department officials during a conference call prior to the public release of the order: “Do you people understand that you are setting up the president of the United States to be tried as a war criminal?” The conference call, he said, quickly came to an end.

Turner, who co-founded the University of Virginia’s Center for National Security Law in 1981, rebuts the administration’s defense that waterboarding, which simulates the sensation of drowning, isn’t torture and therefore is legal.

He also challenges the administration’s argument that Common Article 3 of the 1949 Geneva Conventions, prohibiting inhumane treatment of detainees, isn’t binding. “The standard is not torture. It’s humane treatment. That’s a much higher standard,” he said, noting that after World War II, the U.S. prosecuted Japanese soldiers for using waterboarding on American troops.

Continued >>

All roads lead out of Afghanistan

December 20, 2008

By M K Bhadrakumar | Asia Times, Dec 20, 2008

The measure of success of president-elect Barack Obama’s new “Afghan strategy” will be directly proportional to his ability to delink the war from its geopolitical agenda inherited from the George W Bush administration.

It is obvious that Russia and Iran’s cooperation is no less critical for the success of the war than what the US is painstakingly extracting from the Pakistani generals. Arguably, Obama will even be in a stronger negotiating position vis-a-vis the tough generals in Rawalpindi if only he has Moscow and Tehran on board his Afghan strategy.

But then, Moscow and Iran will expect that Obama reciprocates with a willingness to jettison the US’s containment strategy towards them. The signs do not look good. This is not only from the look of Obama’s national security team and the continuance of Robert Gates as defense secretary.

On the contrary, in the dying weeks of the Bush administration, the US is robustly pushing for an increased military presence in the Russian (and Chinese) backyard in Central Asia on the ground that the exigencies of a stepped-up war effort in Afghanistan necessitate precisely such an expanded US military presence.

Again, the Bush administration’s insistence on bringing Saudi Arabia into the Afghan problem on the specious plea that a Wahhabi partner will be useful for taming the Taliban doesn’t carry conviction with Iran. Iran’s Supreme Leader Ali Khamenei on Wednesday pointedly stressed the need to be vigilant about “plots by the world’s arrogance to create disunity” between Sunnis and Shi’ites.

Russian-Iranian proximity
It seems almost inevitable that Moscow and Tehran will join hands. In all likelihood, they may have already begun doing so. The Central Asian countries and China and India will also be closely watching the dynamics of this grim power struggle. They are interested parties insofar as they may have to suffer the collateral damage of the great game in Afghanistan. The US’s “war on terror” in Afghanistan has already destabilized Pakistan. The debris threatens to fall on India, too.

Most certainly, the terrorist attack on Mumbai last month cannot be seen in isolation from the militancy radiating from the Afghan war. Even as the high-level Russian-Indian Working Group on terrorism met in Delhi on Tuesday and Wednesday, another top diplomat dealing with the Afghan problem arrived in the Indian capital for consultations – Iranian Deputy Foreign Minister Mohammad Mahdi Akhounjadeh.

Speaking in Moscow on Tuesday, chief of the General Staff of the Russian armed forces, General Nikolai Makarov, just about lifted the veil on the geopolitics of the Afghan war to let the world know that the Bush administration was having one last fling at the great game in Central Asia. Makarov couldn’t have spoken without Kremlin clearance. Moscow seems to be flagging its frustration to Obama’s camp. Makarov revealed Moscow had information to the effect that the US was pushing for new military bases in Kazakhstan and Uzbekistan.

Continued >>

Israel Deeply Wary of 2009 Anti-Racism Meet

December 20, 2008


By Wolfgang Kerler | Inter Press Service


UNITED NATIONS, Dec 19 (IPS) – At their anti-racism conference in Geneva next April, United Nations member states may find themselves — once again — in a heated dispute over how to properly address the Israel-Palestinian conflict in the context of racism, xenophobia and racial discrimination.

Meant to assess and accelerate progress on the implementation of anti-racism measures adopted at the somewhat infamous 2001 World Conference against Racism (WCAR) in Durban, South Africa, the Durban Review Conference will now have to deal with renewed resentments among U.N. member states.

The Asian countries reminded all parties of what had happened seven years ago: In their contribution to a still to be discussed draft declaration for the review conference, they called Israel’s policies towards Palestinians “a new kind of apartheid, a crime against humanity, [and] a form of genocide.”

Back in 2001, even a groundbreaking apology for slavery and colonialism by the developed world was not enough to save WCAR from being seen as a failure by many critics. Events at the forum of non-governmental organisations (NGOs) taking place parallel to the governmental negotiations had just been too tumultuous.

A number of NGOs — presumably backed by Iran and other Muslim countries — put through a final NGO declaration that condemned Israel with words similar to those now used by the Asian region: “apartheid”, “ethnic cleansings”, and “acts of genocide”. Clearly anti-Semitic cartoons and books were circulated at the forum — accompanied by statements that were equally anti-Semitic. To express their protest, Israel and the United States left WCAR.

Nevertheless, in early 2007, after the U.N. General Assembly had decided to hold a follow-up conference, Israel announced that it will take part in the Apr. 20-24, 2009 “Durban II” — as it is sometimes referred to — as long as there was no similar anti-Israel atmosphere. On Nov. 19, shortly after the release of the statements by the Asian region, Israel decided to withdraw from Durban II.

“It was perfectly predictable — and preventable,” Hillel Neuer, executive director of U.N. Watch, a Geneva-based watchdog affiliated with the American Jewish Committee, told IPS. “There is no country in the world that would want to willingly subject itself to a kangaroo court where it is demonised and delegitimised,” he added.

However, Navanethem Pillay, U.N. High Commissioner for Human Rights and appointed secretary-general of Durban II, told the press that “the ambassador of Israel came to see me to say if the objectionable language is remedied, they will continue to participate.”

She stressed that “we are a long way from coming up with the draft outcome document for the Review Conference” and urged that all countries participate, asking: “How can you influence the outcome document unless you are there?”

In April, a group of 94 NGOs — including Human Rights First and the American United Nations Association, for example — released a statement on the core principles for Durban II, pledging to “reject hatred and incitement in all its forms, including anti-Semitism, to learn from the shortcomings of the 2001 WCAR.”

Human Rights Watch (HRW), an international human rights advocate, also published a position paper on the Durban Review Conference. It called on participants to avoid “a repeat of the conduct that so marred the 2001 conference” — especially the singling out of Israel as the focal point of hostility.

HRW “does not seek to exempt Israel from criticism of its human rights record”, but is rejecting “hyperbolic accusations that cannot be factually supported or singling out one government to the exclusion of other comparable offenders,” the paper said.

For example, human rights violations and discriminatory policies are reported across the world, including in Libya and Iran — which have been elected to chair and vice-chair the preparatory committee of the Durban Review Conference, respectively.

Worried that the single focus on the question of anti-Semitism might further flaw the legacy of WCAR — or “Durban I” — Ibrahim Wani, chief of the Research and Right to Development Division of the Office of the High Commissioner for Human Rights (OHCR), told IPS: “[While] there is no question about the highly insensitive displays and statements at the [2001] NGO-Forum, it is important to distinguish this forum from the inter-governmental process.”

“There is no allegation anywhere that the governmental meeting itself witnessed a display of anti-Semitism,” he stressed.

Wani, who is involved with the preparations for Durban II, added that “at the end of the day [the U.N. member states] were able to reach compromise on some key issues — the Israel-Palestinian question, the issue of reparations and apology for slavery and colonialism, or the issue of migration.” No offensive language could be found in the outcome document.

With the mechanism put in place within the U.N. system, the commitments the member states agreed on, and the framework of actions it provides to address racism, Wani called the “Durban Declaration and Programme of Action” (DDPA) “a significant step forward in historical terms.”

Another historic event that occurred immediately after conference doors closed in Durban might cause dissent at Durban II — the 9/11 terrorist attacks and the Western counter-terrorism policies that followed.

Mourning the rise in Islamophobia since 2001, Muslim countries are pushing to include language regarding “defamation of religion” — especially of Islam — in the Durban II outcome document. Western countries oppose such claims, assuming that some states may want to excuse their own human rights violations — especially concerning freedom of speech – as “defamation of Islam”.

In Clinton List, a Veil Is Lifted on Foundation

December 19, 2008

Chip East/Reuters

Former President Bill Clinton with Bill Gates at the Clinton Global Initiative in September.

Published: December 18, 2008

WASHINGTON — Former President Bill Clinton has collected tens of millions of dollars for his foundation over the last 10 years from governments in the Middle East, tycoons from Canada, India, Nigeria and Ukraine, and other international figures with interests in American foreign policy.

Lifting a longstanding cloak of secrecy, Mr. Clinton on Thursday released a complete list of more than 200,000 donors to his foundation as part of an agreement to douse concerns about potential conflicts if Senator Hillary Rodham Clinton is confirmed as secretary of state in the Obama administration.

The donor list offers a glimpse into the high-powered, big-dollar world in which Mr. Clinton has traveled since leaving the White House as he jetted around the globe making money for himself and raising vast sums for his ambitious philanthropic programs fighting disease, poverty and climate change. Some of the world’s richest people and most famous celebrities handed over large checks to finance his presidential library and charitable activities.

With his wife now poised to take over as America’s top diplomat, Mr. Clinton’s fund-raising is coming under new scrutiny for relationships that could pose potential conflict-of-interest issues for Mrs. Clinton in her job. Some of her husband’s biggest backers have much at stake in the policies that President-elect Barack Obama’s incoming administration adopts toward their regions or business ventures.

Saudi Arabia alone gave to the foundation $10 million to $25 million, as did government aid agencies in Australia and the Dominican Republic. Brunei, Kuwait, Norway, Oman, Qatar and Taiwan each gave more than $1 million. So did the ruling family of Abu Dhabi and the Dubai Foundation, both based in the United Arab Emirates, and the Friends of Saudi Arabia, founded by a Saudi prince.

Also among the largest donors were a businessman who was close to the onetime military ruler of Nigeria, a Ukrainian tycoon who was son-in-law of that former Soviet republic’s authoritarian president and a Canadian mining executive who took Mr. Clinton to Kazakhstan while trying to win lucrative uranium contracts.

In addition, the foundation accepted sizable contributions from several prominent figures from India, like a billionaire steel magnate and a politician who lobbied Mrs. Clinton this year on behalf of a civilian nuclear cooperation agreement between India and the United States, a deal that has rankled Pakistan, a key foreign policy focus of the incoming administration.

Such contributions could provoke suspicion at home and abroad among those wondering about any effect on administration policy.

Matthew Levitt, a senior fellow at the Washington Institute for Near East Policy, said donations from “countries where we have particularly sensitive issues and relations” would invariably raise concerns about whether Mrs. Clinton had conflicts of interest.

“The real question,” Mr. Levitt said, “is to what extent you can really separate the activities and influence of any husband and wife, and certainly a husband and wife team that is such a powerhouse.”

Mr. Clinton’s office said in a statement that the disclosure itself should ensure that there would be “not even the appearance of a conflict of interest.”

Stephanie Cutter, a spokeswoman for Mr. Obama, said the president-elect had chosen Mrs. Clinton for his cabinet because “no one could better represent the United States.”

“Past donations to the Clinton foundation,” Ms. Cutter said, “have no connection to Senator Clinton’s prospective tenure as secretary of state.”

Republicans have addressed the issue cautiously, suggesting that they would examine it but not necessarily hold up Mrs. Clinton’s confirmation as a result. Senator Richard G. Lugar of Indiana, the top Republican on the Foreign Relations Committee, which will consider her nomination, was in Russia on Thursday and unavailable for comment, according to Mr. Lugar’s office.

But in an interview on Nov. 30 on “This Week” on ABC, Mr. Lugar said Mr. Clinton’s activities would raise legitimate questions, adding, “I don’t know how, given all of our ethics standards now, anyone quite measures up to this who has such cosmic ties.”

Still, he indicated that he would vote for Mrs. Clinton and praised Mr. Obama’s team for doing “a good job in trying to pin down the most important elements” in its agreement with Mr. Clinton.

To avoid potential conflicts, the Obama team, represented by its transition co-chairwoman, Valerie Jarrett, signed a memorandum of understanding on Dec. 12 with the William J. Clinton Foundation, represented by its chief executive, Bruce R. Lindsey. The five-page memorandum, provided to reporters on Thursday, required Mr. Clinton to disclose his past donors by the end of the year and any future contributors once a year.

The memorandum also requires that if Mrs. Clinton is confirmed, the Clinton Global Initiative, an offshoot of the foundation, will be incorporated separately, will no longer hold events outside the United States and will refuse any further contributions from foreign governments. Other initiatives operating under the auspices of the foundation would follow new rules and consult with State Department ethics officials in certain circumstances.

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Armed with a shoe, Iraqi journalist inspires resistance

December 18, 2008

Bush ducks footwear, but still gets a kick to the face

During George W. Bush’s final visit to the country that has endured indescribable death and destruction under his administration, the defiance of one brave journalist encapsulated the sentiment of people all over the world.

Iraqis show solidarity with shoe thrower al-Zaidi, 12-15-08
Iraqis demonstrate in solidarity
with al-Zaidi, Dec. 15
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Muntadhar al-Zaidi, a journalist with Al-Baghdadia television, hurled his shoe at Bush while shouting: “This is a gift from the Iraqis; this is the farewell kiss, you dog! This is from the widows, the orphans and those who were killed in Iraq!” Al-Zaidi’s shoe narrowly missed Bush’s ducking head.

Bush laughed off the incident, ignorantly claiming, “I’m not sure what his cause was.” Even before the shoe hit the ground, Bush’s propaganda apparatus and the corporate media were already spinning the act as evidence of Iraq’s progress toward democracy and tolerance of dissidence.

This much-touted tolerance, however, did not prevent Maliki’s guards from dragging al-Zaidi outside and beating him mercilessly. Blood could be seen where guards had tackled al-Zaidi, and witnesses say his cries could be heard for the duration of the news conference.

Al-Zaidi was promptly whisked away to a detention facility for interrogation, and is still being held. The journalist’s brother says al-Zaidi suffered a broken hand, broken ribs, internal bleeding and an eye injury. Al-Zaidi faces charges of “insulting a foreign leader and the Prime Minister of Iraq,” which could land him in prison for seven years.

Al-Zaidi knew full well that he would face severe consequences, but he was determined to give a voice to those who have suffered. Sitting just a few feet away from the man who, for so many, has been the incarnation of the war policy that killed over 1 million Iraqis, and maimed and displaced millions more, al-Zaidi burst Bush’s bubble and effectively ruined his end-of-term victory parade. Who would have thought that the disdain and hatred felt for Bush all over the Arab world and, for that matter, across much of the globe, would fit into a single shoe?

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Lévi-Strauss at 100

December 18, 2008
French anthropologist Claude Lévi-Strauss, one of the world’s most important thinkers, was born 100 years ago last Friday, and France has been celebrating, writes David Tresilian in Paris

Click to view caption
Claude Lévi-Strauss during anthropological fieldwork in Brazil in the 1930s


Al-Ahram Weekly, 3 – 9 Dec, 2008, Issue No. 925

The 100th birthday of the French anthropologist Claude Lévi-Strauss, which fell last Friday, is being taken in France as an opportunity to celebrate the work of a man who over the course of a long career refashioned French anthropology and served as intellectual godfather to a whole generation of writers and thinkers in the 1960s and 70s.

While the leading figures of that generation — Barthes in literary criticism and semiology, Althusser in Marxist theory and Lacan in psychoanalysis — have since disappeared from the intellectual landscape, and, with them, much of the attraction of their ideas, Lévi-Strauss almost alone of his generation has survived the vicissitudes of what was intellectually a particularly fertile period, his authority still intact as perhaps the greatest living anthropological theorist and a link to the kind of large-scale theory- building that was once fashionable across the humanities.

French television celebrated Lévi-Strauss’s 100th birthday last week with a series of programmes on his career, from the time he spent among the Indians of the Amazon Basin in the 1930s, from which grew his famous autobiography Tristes tropiques and much of the work on mythological systems collected in the four volumes of Mythologiques (1964 — 1971), to his work as the inspiration behind the “structuralist” theorising of the 1960s and 70s, set in motion by the publication of his book Structural Anthropology in 1958.

The Musée du quai Branly, the French capital’s recently completed museum of anthropology which opened with great fanfare in 2006, held a study day devoted to Lévi- Strauss on 28 November, the institution also serving as the repository for Lévi-Strauss’s own collection of anthropological artifacts. An international colloquium has been held in his honour at the Collège de France. All this adds up to the kind of public celebration more usually accorded to statesmen than to anthropologists, who, Lévi-Strauss writes in Tristes tropiques, tend to see their study as “a mission and a refuge.”

While part of the explanation for the continuing public interest in Lévi-Strauss and his ideas probably stems from the fact that intellectuals in France, once they have attained a certain eminence, tend to become national figures and are recognised as such by the state, it is perhaps also true that Lévi-Strauss has managed to acquire a reputation even among those who have never opened his books or have limited interest in his variety of theorising.

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