Sudan says UNSC resolution contains positive elements
Sudan Tribune | May 2, 2012
WASHINGTON – The Sudanese government reacted with caution to the resolution adopted unanimously today by the United Nations Security Council (UNSC) saying it contains positive elements but vowed to review it carefully in order to determine its negotiating strategy with South Sudan.
Today’s decision directs Khartoum and Juba to inform the Chairperson of the African Union Commission and UNSC president in writing of their intention to commit to a cessation of hostilities including aerial bombardments within 48 hours.
The two sides must immediately withdraw their forces inside their respective borders without conditions and within a week activate the Joint Border Verification and Monitoring Mechanism (JBVMM) and the Safe Demilitarized Border Zone (SDBZ).
Also, withdrawal from the disputed border region of Abyei must be completed in two weeks in accordance with the June 2011 Agreement on Temporary Security and Administrative Arrangements for Abyei.
Furthermore, the two countries will return to the negotiating table in two weeks time to settle issues including oil, citizenship, border demarcation and Abyei. A four-month window was given to conclude the talks.
Talks on these contentious items is mediated by the African Union High-Level Implementation Panel (AUHIP) led by Thabo Mbeki but there was little success in achieving any breakthrough.
The panel managed to schedule a meeting between Sudanese president Omer Hassan al-Bashir and his southern counterpart Salva Kiir for April 3rd to seal framework agreements on borders and citizenship. However, clashes that erupted between the two countries in late March over the oil-rich region of Heglig inside South Kordofan led to the suspension of the summit.
Relations deeply deteriorated in early April after South Sudan army (SPLA) managed to occupy Heglig for 10 days before Sudan Armed Forces (SAF) reclaimed the area. Juba insists that it withdrew voluntarily and dismissed Khartoum assertions that they were expelled by force.
South Sudan claimed that Heglig is part of Unity state that was annexed to north Sudan several decades ago through an administrative decision. Heglig, which produces half of Sudan’s oil, saw its facilities severely damaged which Khartoum blamed on SPLA and vowed to sue it internationally.
The UNSC resolution passed today called for a fact finding effort to assess the losses including economic and humanitarian damage to oil facilities and other key infrastructure in and around Heglig.
Despite reservations expressed by China and Russia, the resolution maintained the threat of non-military measures against any side that fails to comply with council’s demands that were in essence part of the AU Peace and Security Council (AUPSC) roadmap endorsed last month.
“We are always very cautious about the use and threat of sanctions,” China’s U.N. Ambassador Li Baodong told the council.
“China has all along maintained that African issues should be settled by the Africans in African ways” Baodong added.
The Russian envoy expressed the same sentiment.
“The arsenal of political and diplomatic instruments for normalizing the situation has nowhere been exhausted,” Russia’s UN Ambassador Vitaly Churkin told the council.
“We consider sanctions as an extreme measure” he said
In Beijing, the United States Secretary of State Hillary Clinton praised China for backing the resolution.
“I’m pleased that China and the United States joined with a unified international community just hours ago to support a strong UN Security [Council] resolution that provides unambiguous support to the African Union roadmap,” Clinton said.
The Sudanese government criticized the AUPSC for requesting the blessings of the UNSC and warned against the attempt to override the African role by involving the UNSC. It said that the intervention by the world body will make political considerations and pre-established positions prevail over the requirements of peaceful settlements.
Last Sunday, the Sudanese foreign minister Ali Karti sent a letter to the AU declaring his country’s “preliminary” agreement with the roadmap while expressing several reservations that were not specified.
Karti traveled to Moscow this week to press Russia on Sudan’s point of view regarding the draft resolution. However, the Russian foreign minister Sergei Lavrov signaled his backing to the resolution despite expressing discomfort with including Article 41 of the UN charter.
Article 41 states that the UNSC may decide what measures – not involving the use of armed force – are to be employed to give effect to its decisions, and it may call on the Members of the United Nations to apply such measures.
These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Sudan’s foreign ministry spokesperson Al-Obeid Marwih said that elements of the UNSC resolution related to condemning Heglig occupation and calling for assessing damage to oil facilities are positive.
Marwih noted that Sudan has no “fundamental objection” on the resolution as long as it is made on the basis of the AUPSC roadmap.
But the head of the ruling National Congress Party (NCP) parliamentary bloc Ghazi Salah al-Deen slammed the AUPSC communiqué saying that it equated between the victim and the villain.
“We cannot endorse any international decision denying the right of the Sudanese people,” Al-Deen told the legislative assembly.
Al-Deen, who also serves as Bashir’s adviser, said the labeling of Heglig as a disputed area is “malicious”.
Sudan’s ambassador Daffa-Alla Elhag Osman expressed disappointment with the resolution.
“It is notable that the resolution has disregarded the continuous aggression by South Sudan against Sudan,” Osman told the council.
“Peace … will only be achieved through halting all forms of support and sheltering of proxy rebel and armed groups espoused by the South Sudan,” he added.
But South Sudan’s Minister of Cabinet Affairs Deng Alor Kuol who attended the vote told the council that his government would comply with the resolution.
“It is my privilege to reaffirm to you that, in compliance with the decisions of the African Union Peace and Security Council, the UN Security Council’s Presidential Statement, and in the spirit of our commitment to peace, my government ordered the withdrawal of our police force from Abyei Area on 28 April 2012. We expect the international community to exert efforts to ensure the immediate and complete withdrawal of Sudan Armed Forces from Abyei Area,” Alor told the council.
As acknowledged formally by the African Union, my government is already committed to the cessation of hostilities and the resumption of negotiations under the auspices of the African Union High Implementation Panel. We welcome the decision of the African Union Peace and Security Council, and the commitment of the UN Security Council to the enhancement of the AUHIP led negotiations process through the active participation of the UN, the Chairman of IGAD and other international partners.”
“We appeal to the United Nations and its member states to urgently mobilize humanitarian assistance for the population affected by Sudan’s continuous aerial bombardment and ground incursions in northern states of South Sudan,” he said.
Alor told reporters that his country did not abandon claims to Heglig and stressed that the move on the region was in response to Khartoum’s aerial bombardments and ground incursions. He said the ownership of Heglig would be on the negotiating table.
The U.S. ambassador to the UN Susan Rice hailed the vote saying that it enforces a time frame to achieve results after years of talks.
“With this vote, the Council has clearly imposed tight deadlines for concrete action, in line with the African Union decision. This Council, especially those members with particular influence, including my own, must continue to press both parties to implement the African Union Roadmap by ending hostilities, ceasing cross-border attacks and movements, halting aerial bombardments, withdrawing all their forces from the border areas including Abyei, activating the necessary border security mechanisms, and ending support to rebel groups working against the other state,” she said.
“It is also essential that both parties return at once to the negotiating table under the auspices of the African Union High-level Implementation Panel to reach agreement on critical outstanding issues. We support the plans of the African Union to travel to Khartoum and Juba in the coming days to begin the process. This is ultimately the only way that further conflict can be avoided” Rice added.
She warned that the UNSC is willing to impose punitive measures if there is lack of progress.
“If the parties fail to take these steps promptly, this Council is united in its determination to hold both sides accountable. We stand ready to impose Chapter VII sanctions on either or both parties, as necessary,” the U.S. diplomat said.
But the Russian ambassador said that sanctions should not be used in relation to conflicts in the Sudanese states of South Kordofan and Blue Nile, where fighting has been raging since last year between Sudan’s army and rebels from Sudan People Liberation Movement North (SPLM-N) who want to topple to Khartoum government.
The resolution orders Khartoum and SPLM-N to cooperate with the mediation and use a June 2011 framework agreement as a basis for talks. The deal was signed by presidential assistant Nafie Ali Nafie only to be scrapped by Bashir himself later.
Related articles
- Sudan’s FM rejects Security Council involvement in talks with South Sudan (alethonews.wordpress.com)
- World demands South Sudan pullout of Heglig, end to Khartoum’s air raids (alethonews.wordpress.com)
- China, Russia resist West’s sanctions push for Sudan, South Sudan (chinadailymail.com)
Illegal Settlements Bonanza: Israel Plots an Endgame
By Ramzy Baroud | Palestine Chronicle | May 2, 2012
Israel’s colonization policies are entering an alarming new phase, comparable in historic magnitude to the original plans to colonize Gaza, the West Bank and East Jerusalem following the war of 1967.
On April 24, an Israeli ministerial committee approved three settlement outposts – Bruchin and Rechelim in the northern part of the West Bank, and Sansana in the south. Although all settlement activities in the occupied West Bank and East Jerusalem are considered illegal by international law, Israeli law differentiates between sanctioned settlements and ‘illegal’ ones. This distinction has actually proved to be no more than a disingenuous attempt at conflating international law, which is applicable to occupied lands, and Israeli law, which is in no way relevant.
Since 1967, Israel placed occupied Palestinian land, privately owned or otherwise, into various categories. One of these categories is ‘state-owned’, as in obtained by virtue of military occupation. For many years, the ‘state-owned’ occupied land was allotted to various purposes. Since 1990, however, the Israeli government refrained from establishing settlements, at least formally. Now, according to the Israeli anti-settlement group, Peace Now, “instead of going to peace the government is announcing the establishment of three new settlements… this announcement is against the Israeli interest of achieving peace and a two states solution”
Although the group argues that the four-man committee did not have the authority to make such a decision, it actually matters little. Every physical space in the occupied territories – whether privately owned or ‘state owned’, ‘legally’ obtained or ‘illegally’ obtained – is free game. The extremist Jewish settlers, whose tentacles are reaching far and wide, chasing out Palestinians at every corner, haven’t received such empowering news since the heyday of Israeli Prime Minister Ariel Sharon.
The move regarding settlements is not an isolated one. The Israeli government is now challenging the very decisions made by the Israeli Supreme Court, which has been used as a legitimization platform for many illegal settlements that drove Palestinians from their land.
On April 27, the Israeli government reportedly asked the high court to delay the demolition of an ‘unauthorized’ West Bank outpost in the Beit El settlement which was scheduled to take place on May 1st. The land, even by Israeli legal standards, is considered private Palestinian land, and the Israeli government had committed to the court to take down the illegal outposts – again, per Israeli definition – on the specified date.
Now the rightwing Netanyahu government is having another change of heart. In its request to the court, the government argued: “The evacuation of the buildings could carry social, political and operational ramifications for construction in Beit El and other settlements.” Such an argument, if applied in the larger context of the occupied territories, could easily justify why no outposts should be taken down. It could eradicate, once and for all, such politically inconvenient terms such as ‘legal’ and ‘illegal’.
“Previous Israeli governments have pledged to demolish the unauthorized settler outposts in the West Bank, but only a handful have been removed,” according to CNN online. In fact, that ‘handful’ are likely to be rebuilt, amongst many more new outposts, now that the new legal precedence is underway.
Michael Sfard, an attorney with Yesh Din, which reportedly advocates Palestinian rights, described the request as “an announcement of war by the Israeli government against the rule of law.” More specifically, “they said clearly that they have reached a decision not to evacuate illegal construction on private Palestinian property.”
Some analysts suggested that Netanyahu was bowing down to the more rightwing elements in his cabinet – as if the man had, till now, been a peacemaker. The bottom line is that Israel has decided embark on a new and dangerous phase, one that violates not only international law, but Israel’s own self-tailored laws that were designed to colonize the occupied territories. It appears that even those precarious ‘laws’ are no longer capable of meeting the colonial appetite of Israeli settlers and the ruling class.
Israeli settlements have been contextualized through Israeli legal and political references, as opposed to references commonly accepted in international law. The emphasis on differences between Israeli governments, political parties and religious/ultra-nationalist settlement movements is distracting and misleading; colonizing the rest of historic Palestine has been and remains a national Israeli project.
An article in the rightwing Israeli Jerusalem Post agrees. “Support for settlement is not simply a program of right-of-center Likud. Its history has firm roots in Labor party activity during the periods of its governments, and activities by predecessors of the Labor party going back before the creation of the Israeli state” (April 27).
The only variable that might be worth examining is the purpose of the settlement, not the settlement itself. Following the war of 1967, the Allon plan sought to annex more than 30 percent of the West Bank and all of Gaza for security purposes. It stipulated the establishment of a “security corridor” along the Jordan River, as well outside the “Green Line”, a one-sided Israeli demarcation of its borders with the West Bank. Then, there was no Likud party to demonize, for that was the Labor party’s vision for the newly occupied territories.
While the Israeli settlement drive since then has swallowed much of the West Bank and East Jerusalem, populating them with over half a million Israelis, the international community’s response was as moot in 1967 as it is now in 2012. Responding to the latest sanctioning of illegal outposts, UN Secretary General Ban Ki-Moon declared that he was “deeply troubled” by the news. Meanwhile, Russia was ‘deeply concerned’ and so was the EU’s Catherine Ashton. As for the US, State Department spokeswoman Victoria Nuland insisted that the Israeli measure is not “helpful to the process.” What process?
While Israel has now showed all of its cards, and the international community declared its complacency or impotence, the Palestinian leadership in Ramallah continues to plan some kind of UN censure of the settlements. Even if a watered-down version of some UN draft managed to survive the US veto, what are the chances of Israel heeding the call of international community?
There is no doubt that Israel is plotting its version of the endgame in Palestine, which sees Palestinians continuing to subsist in physical fragmentation and permanent occupation. Unless a popular Palestinian uprising takes hold, no one is likely to challenge what is actually an Israeli declaration of war against the Palestinian people.
– Ramzy Baroud (www.ramzybaroud.net) is an internationally-syndicated columnist and the editor of PalestineChronicle.com. His latest book is My Father Was a Freedom Fighter: Gaza’s Untold Story (Pluto Press, London).
Related articles
- Knesset to discuss bill authorising settlers’ seizure of Palestinian land (alethonews.wordpress.com)
- Israeli government confirms plan for segregated settler train system (alethonews.wordpress.com)
- Study: Israeli ‘state land’ illegally taken from West Bank (alethonews.wordpress.com)
South American Fiber Optic Ring
By Raúl Zibechi | Americas Program | May 2, 2012
On March 9th, the Ministers of Communication from 12 countries that make up the Union of South American Nations (UNASUR, for its acronym in Spanish) made the decision to build a fiber-optic ring that created a direct connection between countries in the region without relying on the United States. The network will be completed in 18 months and they will begin laying ocean cables between South America, Europe, the United States and Africa.
The initiative originated from Brazil’s government, which took the proposal to the South American Council on Infrastructure and Planning (Cosiplan, for its acronym in Spanish). This body, which began operations in 2010, is one of the 8 sectoral councils at the departmental level in Unasur for political and strategic debate of programs and projects that promote the regional integration of infrastructure. During the first meeting, it put forth a Plan of Action that sought to “substitute the logic of exportation with one of regional development,” according to Joao Mendes Pereira, Coordinator of Latin American Economic Affairs in Brazil’s State Department.
This fiber optic ring is beginning to loosen one of the many knots that tie the region to the influence of the Global North, and in particular, the United States. It may not be a great work or a radical step forward, but Unasur’s decision illustrates two points: first, the way in which relations with the central powers weaken and fragment marginalized regions; and second, the existence of the political will to make concrete advances towards building autonomy.
South-South Connection
In South America, communication via internet takes a strange and irrational journey. Emails sent between two neighboring cities in Brazil and Peru, such as the capital of Acre, Rio Branco, and Puerto Maldonado, travel all the way to Brasilia, leave Fortaleza via submarine cable, enter the United States through Miami, pass by California descending down the Pacific to Lima, and continue on their way to Puerto Maldonado: a 8,000-kilometer trip between two points only 300 kilometers apart. On a basis like this, it is impossible to speak of sovereignty and integration.
There is also a dependence on European countries. In order to connect some sites between Brazil or Argentina and Ecuador or Colombia, the connection must cross the Atlantic to Europe and return to the continent. A country like Brazil, which is already an emerging global power and will become the world’s 5th-largest economy this year, lives in a situation of dependence on communication: 46% of its international internet traffic comes from outside of the country, and of that 90% makes a pit stop in the United States.
With respect to the region as a whole, 80% of international data traffic from Latin America passes through the United States, double that of Asia and four times the percentage from Europe. This excessive dependence makes communication more expensive. After the meeting at Asunción, the Minister of Industry and Energy in Uruguay, Roberto Kreimerman, stated that between 30% and 50% of connection costs correspond to payments to companies offering connection services to developed countries.
The first step approved by Cosiplan is to survey and chart all the existing networks in each country. After that, three steps of development have been established: first, the connection of physical points located on every border, some of which will be finalized this year, such as in Argentina, Paraguay, Venezuela, Bolivia and Uruguay. Second, state-owned telecom companies, like Telebras of Brazil and Arsat of Argentina, as well as private companies, will lay the foundational framework for the networks. In the third stage, they will extend the cables to neighboring borders.
At each border, internet exchange points will be created to support the companies. The fiber-optic ring will extend 10,000 kilometers and be managed by state-owned companies from each country to keep communications safe and cheap. According to Paulo Bernardo, Minister of Communication in Brazil (and head the agency that came up with the project), the ring “reduces our vulnerability to an attack and the safety of state or military secrets.”
The direct link will increase the connection speed between South American nations 20% to 30% and will decrease costs. Investments at this stage will be very low, around $100 million, which begs the question why it wasn’t done before.
Autonomy and Sovereignty
The project will be complete after the installation of various submarine cables. One will lie between Brazil (the country most interested in the project) and the U.S., entering Miami, Jacksonville or Virginia and passing through the Caribbean, which allows Colombia and Venezuela to be connected. Another will unite the continent with Europe directly passing through Cabo Verde and preferably entering via Amsterdam. A third will connect Fortaleza (northern Brazil) with Angola (Africa) branching off to Argentina and Uruguay.
This part of the project will be realized by Eletrobras, the Brazilian state company in charge of the National Broadband Plan, the federal government’s initiative to broaden access to the entire population before the 2014 World Cup. The objective is to provide 40 million citizens with broadband access and 60 million with broadband mobile access.
Until now Brazil has had only four submarine cable links in Fortaleza, Salvador, Rio de Janeiro and Santos that connect South America with the U.S. Each is operated by private companies, which, from a strategic perspective, causes the country to lose part of its sovereignty. The rest of the countries in the region have access to these cables, but some either lack international fiber optic networks or have overloaded existing ones. That explains why the international “link” represents 45% of the cost of broadband.
At the same time, Brazil is negotiating with the United Nations to democratize internet management which is currently in the hands of American companies who control the IP addresses, URLs and domain names. The spokesperson for the Minister of Foreign Relations, Tovar da Silva Nunes, explained that “the management of the flow of information is very concentrated” because “the internet domain is under the auspices of the U.S. government …it is not safe, fair or desirable.”
For this reason, Brazil and other emerging nations, in addition to some European countries, support the creation of a global convention for access to information at Rio+20 that allows the democratization of the control of communication. Such a framework must include the construction of a fiber optic ring as a physical infrastructure for collaborative communication.
New Risks
The region is living a new reality that shows it is possible to advance in a type of collaboration that goes beyond free commerce to promote equal development in the region. Nonetheless, there remain many doubts and uncertainties. Many processes progress quickly, like the fiber optic ring, highways and hydroelectric dams, while others sink, like the southern gas pipeline that would have created an energy interconnection. Meanwhile, others creep along at a slow pace, like Banco del Sur which promotes a new financial framework in the region.
Brazil is interested in releasing itself from the grip of the Global North and promoting these policies in the region. However, it does not have as much interest in promoting other initiatives like Banco del Sur since it already possesses a powerful development bank, the BNDES, which is handling finances for a good part of infrastructure works in the region.
Given this sentiment, it was Unasur who laid out the objective of providing continuity to the “successes and advances” of the Initiative for the Integration of Regional South American Infrastructure (IIRSA), to the project it considers “a consensus response to the challenges of effective integration and growing necessities for infrastructure in South America initiated in 2000.”
Accordingly, Unasur picks up where IIRSA left off, which has been seriously criticized by social movements. In its 10 years of existence it has picked up 524 projects with investments totaling 100 billion dollars. In January, 2011, there were 53 completed projects, almost 200 in the execution phase and 150 in the preparation phrase. 85% of the projects are transport-related while 12% are in energy.
In 2010, Cosiplan laid out a Plan of Action that urges “building a strategic and integral South American perspective of regional infrastructure favorable to balance and territorial cohesion as well as human development in harmony with nature.”
This new “strategic vision” is a positive one in that it responds to the interests of the South American people. On the other hand, it may reproduce old forms of suppression since it was born from the interests of one country and multinational corporations. The works of IIRSA-Unasur are being challenged by those citizens who feel affected, as happened with the highway that was proposed to cross the TIPNIS in Bolivia and the energy agreement that Peru and Brazil signed in 2010, which foresaw the construction of five dams in the Inambari River.
Apart from the dams to be built in Brazil’s rivers in the Amazon, the state company Eletrobras plans on constructing 11 dams in Argentina, Peru, Bolivia, Colombia and Uruguay with an installed power of 26,000 MW, almost double that of Itaipu which supplies 17% of energy consumption to Brazil. The energy and highway projects that are currently being postulated by Unasur tend to replicate the same structures that until now had been the cause of Latin America’s dependence.
It may be that the Fiber Optic Ring presents these same characteristics since it was proposed and designed by Brazil and it tends to serve Brazil’s interests. The exit route of the most important submarine cables will stay on Brazil’s coasts. The connection with Africa foments the multiple commercial and corporate interests that Brazil has on that continent. Eletrobras is the company in charge of a good part of the optic ring and its financing is controlled by BNDES.
That is why we can say that initiatives, like the fiber optic interconnection, are a step towards regional autonomy although it may be laying the foundation for new inequalities. It will be up to the governments and people of the region to debate the benefits of these projects.
Raul Zibechi is an international political analyst from the weekly Brecha de Montevideo, a professor and researcher on grassroots movements at the Multiversidad Franciscana de América Latina, and adviser to many grassroots groups He writes the monthly “Zibechi Report” for the Americas Program.
Related articles
- Latin America: What Comes After the Back Yard (alethonews.wordpress.com)
The Waldorf Astoria conspiracy

By Kian Mokhtari | Press TV | May 3, 2012
Some of the largest hedge funds, private equity groups, university endowment managers, and other high rollers have met at New York’s up market Waldorf Astoria Hotel to facilitate “the next big thing in finance.”
The event, organized by HighQuest Partners, a heavy hitter in the hedge fund market of big agro, bio-tech and bio-fuel companies charged entrance fees of $3,000. But the sinister undercurrents of the meeting have not been lost on some people.
The money managers attended because they had been promised to make between 25-40 percent returns on short-term investments in areas of the world weighed down by incredible food insecurity or weak or subservient political systems. Corrupt dictators with no moral qualms about displacing millions of souls from their ancestral lands have become the new Bourgeoisie for the Western elite.
In 2009 alone, nearly 60 million hectares of arable land – an area the size of France – was purchased or leased, 70 percent of it in Africa. It’s impossible to acquire that much of land without the continued taking of land previously held by small indigenous farmers. That number has only been increasing as more and more land has been leased off to Western companies in Africa by corrupt governments. In a 2011 post on their website, HighQuest partners bragged about representing $3.5 trillion in aggregated institutional assets and 25 million acres under cultivation alone: the figure is expected to double by the end of 2012.
However the above is only the farming angle on the issue. There is an even more sordid action plan in operation as we speak.
The real estate market has taken a beating courtesy of the toxic assets and mortgages debacle in the US and the West. So the focus of the murky business has shifted abroad. Shady deals with real estate owners in the developing and the Third World countries have ensured a minimum of 40 percent rise in property prices in places where the average annual income is well below $5000 per year. This means a Western land grabber can, vis-à-vis local landowning gangs, invest in real estate futures in countries that even on the face of it are politically opposed to the West. The insider gangs fix prices on the population and ensure 25-40 percent returns every other year for themselves and their Western patrons.
Talk about making a killing!
Colonialism is making a return via a backdoor to blight lives and relieve the world population of what small chances of leading healthy and productive lives they have left. The new techniques of the 1% combined with the human tendency for corruption is the next big danger for humanity.
Think about it: An investor at a luncheon in Waldorf Astoria Hotel could double his or her money every four years via dodgy land investments while not a blade of grass is cultivated or a room for living is built in the developing and Third World countries.
This policy will make a desert out of the world bar where the elite choose to take up residence, which for the moment is in the Western Hemisphere.
~
A former editor for the Jane’s Information Group in the UK, Nader (Kian) Mokhtari is a foreign policy specialist, columnist and political commentator with 15 years of experience in the field. He’s also worked as a lecturer at the Tehran School of Media Studies. Mokhtari is a frequent contributor to Press TV.

Kian Mokhtari
Presidential Understatement on Afghanistan
By JUDITH LeBLANC | CounterPunch | May 2, 2012
On May 1, in a televised address from Afghanistan, President Obama said, “There will be difficult days ahead. The enormous sacrifices of our men and women are not over.”
That’s an understatement.
In fact the current US policy in the region demands of the Afghan people a massive sacrifice as well.
Without a new strategy — not the slow downsizing of the Afghanistan war over the next decade — there will indeed be difficult days ahead.
Instead of helping, the continued US presence jeopardizes the Afghan people’s future, as it does our future here at home.
The future of the Afghan economy and its people’s aspirations is stalled by the unwillingness to leave sooner rather than later. Corruption and graft are bred by US funding and the occupation.
Furthermore, the US has no clear strategy for a negotiated peace or a framework for sustainable economic development in Afghanistan.
Today, two-thirds of the US people across the political spectrum want the war to end now. In poll after poll they readily connect the government’s ability to deal with the economic crisis in our communities to ending the war.
The longer the troops stay in Afghanistan, the more desperately needed resources will be withheld from our cities, schools, libraries and hospitals.
The projected 2013 price-tag for the war will be $88 billion dollars, while unemployment hovers at 10 percent and triple that among young people of color. The current Pentagon budget is $800 billion a year without a real cut in sight.
As long as the troops stay in Afghanistan, and the US pursues a militarized foreign policy, the possibility of US sustainable economic development and a stronger democracy is as impossible here as it is in Afghanistan.
The White House fact sheet issued along with Obama’s speech emphasized that the Strategic Partnership Agreement itself “does not commit the United States to any specific troop levels or levels of funding in the future, as those are decisions will be made in consultation with the U.S. Congress.” And funding from Congress will be requested on an annual basis to support the training, equipping, advising and sustaining of Afghan National Security Forces.”
The agreement just signed leaves us with the yearly Congressional fight over funding the war. A full-throated, massive pressure campaign is needed.
That’s where we have to draw the line and make the fight in the next few weeks to cut the Pentagon budget and for a negotiated peace, not a prolonged downsized war.
The Congressional elections will be the battleground for exerting the popular opinion of ending a war that is not only unwinnable but in fact is a roadblock to both the US and Afghan people from achieving a decent life, schools, healthcare and jobs.
President Obama said in his speech to the nation, “Others will ask why we don’t leave immediately. The answer is also clear: we must give Afghanistan the opportunity to stabilize.”
But the underlying problems in Afghanistan are little served by foreign armies and military “solutions.” The reality is that until the US and NATO forces leave Afghanistan both the Afghan and US peoples will have more than a few difficult days ahead. We’ll have difficult years ahead.
Judith Le Blanc is the Field Director for Peace Action, the largest peace group in the US. She can be reached at: jleblanc@peace-action.org.
Hollywood’s Trolls
By Mitch Stoltz | EFF | May 1, 2012
Our movie industry has created some memorable monsters on screen. But Hollywood, and the major music labels, also helped create a very real kind of monster – copyright trolls who coerce settlements from Internet subscribers using intimidation and our out-of-whack copyright laws. Last Friday, EFF Senior Staff Technologist Seth Schoen took the witness stand in AF Holdings v. Does to explain to a federal judge why BitTorrent users should be able to hold on to their constitutional rights when targeted by trolls. Although some courts have put the brakes on the trolls’ schemes, there’s no Hollywood ending in sight yet. As the entertainment industries continue to push for ever-stronger copyright through treaties, private agreements, Congress and state legislatures, it’s time to ask – how will Hollywood help protect us from the trolls?
The current crop of copyright trolls sue anywhere from 20 to 5,000 “John Doe” defendants in a single lawsuit, pinned to a list of Internet Protocol addresses that they claim to have seen downloading copyrighted movies using BitTorrent. Then, with the courts’ permission, they send subpoenas to Internet service providers for the names and addresses of subscribers. The trolls then send threatening letters, demanding settlement payments to “make this go away” or face being dragged into court – often in a faraway state. Over 200,000 U.S. residents have been caught up in these suits, with many undoubtedly settling simply to end the harassment.
The trolls are, of course, following a trail blazed by the major music labels through the Recording Industry Association of America. Beginning around 2003, they sued about 35,000 people, using the courts’ subpoena powers as a private investigation service to find names and addresses. The RIAA ended its lawsuit campaign in 2008, apparently realizing the damage that suing its own fans had done to the industry’s image.
It was perhaps inevitable that the vacuum would be filled by opportunists with no public image to protect. Since 2008, troll lawyers have sued about six times more people than the RIAA ever did, and pursued them even more aggressively, probably netting millions in settlements. Some have faced court settlements for cutting corners in court procedure, and one was even caught practicing law without a license. But this scheme wouldn’t be a viable business model without the draconian imbalances of U.S. copyright law and legal precedent that the entertainment industries and their lobbyists have pushed through Congress and the courts.
For starters, the statutory penalty for sharing even one copyrighted work – say one song – is as much as $150,000. It’s no surprise that many people choose to settle for several thousand dollars rather than risk a bankrupting court judgment – even if they broke no law. The entertainment industries insist that we need these gargantuan penalties to deter infringement, but the same “statutory damages” provisions are the knobby club in the hands of the trolls.
Then there’s the legal doctrine of “secondary liability.” The movie and recording industries are constantly pressing for broader liability for intermediaries, Internet sites and services, and makers of tools and software. Copyright trolls use these concepts to disregard actual copyright infringers and instead go after the owners of Internet accounts, who are often easier to find. The trolls suggest, using the rhetoric of secondary liability, that merely allowing others to use one’s Internet connection, or operating an open Wi-Fi node, makes one liable for any copyright infringement. This isn’t the law, but the trolls don’t warn their marks about that. Often, even those who understand secondary liability, or can afford hiring a lawyer, choose to pay a settlement for someone else’s alleged infringement rather than risk a lengthy and expensive trial, even if they would prevail.
Then there’s the very concept of lawsuits aimed at dozens or thousands of “John Doe” Internet account holders. Plaintiffs in these suits often group together Internet users from all over the country and obtain their identities from ISPs by court order. Doing this requires trampling on jurisdiction rules that keep people from being unfairly forced to defend themselves far from home, joinder rules that guarantee every defendant is treated as an individual, and the First Amendment, which gives us a right to communicate anonymously. The RIAA’s lawsuit campaign also disregarded these legal safeguards. After the RIAA opened this door, the trolls lumbered in.
Finally, the entertainment industries have spent decades, and millions of lobbying and advertising dollars, to promote the simple but flawed idea that if copyright law promotes creativity, then ever-more-extreme copyright law will promote even more. According to this philosophy, the importance of preventing even the most inconsequential copyright infringement justifies chilling free speech, unmasking anonymous Internet users, wholesale regulation of the Internet … and setting loose the trolls. This worldview was on full display at a hearing last week in the D.C. federal district court, when ISPs, assisted by the EFF, tried to quash subpoenas for Internet users’ identities. EFF’s Seth Schoen matched wits with pornography financier AF Holdings’s expert on the workings of BitTorrent and Internet forensics, and the plaintiff’s attorney defended his litigation tactics as an acceptable way to “stop piracy.”
Although there will always be people willing to use the legal system as part of a shakedown, copyright trolls are a monster created in Hollywood. Naturally, the entertainment industry’s spokespeople, lobbyists, and other mouthpieces don’t discuss how the laws, treaties, court precedents, and private enforcement agreements they spend millions to promote will be misused by opportunists. But when the next SOPA, PIPA, ACTA, TPP, graduated response agreement, or state-level copyright bill comes along, let’s ask Hollywood and its allies how they plan to keep trolls confined to the big screen.
Related articles
- ISPs Ask Judge To Quash Subpoena In Troll Case — Or Let Them Appeal (eff.org)
- EFF Backs ISPs in Battle to Quash Copyright Troll Subpoenas (eff.org)
- Copyright-trolls: mind your own extra-judicial business, court says (arstechnica.com)
- Die, Troll, Die (wired.com)
- Judge rejects copyright trolls’ BitTorrent conspiracy theory (arstechnica.com)
Time to Make Warrantless Home Video Surveillance Extinct
By Hanni Fakhoury | EFF | May 2, 2012
It seems that the government’s thirst for high tech surveillance can’t be quenched. First, came the NSA’s warrantless wiretap program. Then it was CISPA. Now, its warrantless video surveillance in the home. And just like we stood up against the NSA and CISPA, yesterday we told the Ninth Circuit Court of Appeals that invasive warrantless home video surveillance violates the Fourth Amendment.
Ricky Wahchumwah, a tribal member of the Yakima Nation, was suspected of selling bald and gold eagle feathers, as well as the feathers and pelts of other migratory birds, in violation of federal law. As part of its investigation, an undercover agent from the U.S. Fish and Wildlife Service went to Wahchumwah’s house, pretending to be interested in buying feathers and pelts. Wahchumwah let him in his house, not knowing that the agent was secretly recording everything with a tiny video camera hidden in his clothes. The agent proceeded to capture two hours of video of Wachumwah’s home, including interactions between Wachumwah and his partner and children, and was even left alone by Wachumwah for periods of time, who did not suspect he was being recorded.
Charged with violating the Bald and Golden Eagle Protection Act and the Lacey Act, Wahchumwah moved to suppress the video evidence as an unreasonable search under the Fourth Amendment. The trial judge denied his motion, ruling that since Wahchumwah let the agent into his house, and the agent could testify to everything he saw in the house, Wahchumwah had no expectation of privacy. Wahchumwah appealed this decision to the Ninth Circuit, and we filed an amicus brief supporting him.
As we explain in our brief, a video camera can capture far more detail than a human eye. And unlike the human mind, a video camera doesn’t forget. After all, if an officer’s observations were sufficient, there would be no need for the video camera in the first place. Building on the Supreme Court’s landmark decision in United States v. Jones, which ruled the Fourth Amendment prohibited the warrantless use of GPS surveillance to monitor a person’s car on public roads for 28 days, we make two main arguments.
First, the initial appellate opinion in Jones issued by the D.C. Circuit (at the time called United States v. Maynard) explained that although a person may reveal discrete parts of his movements when driving in public, “the whole of one’s movements over the course of a month is not actually exposed to the public because the likelihood anyone will observe all those movements is effectively nil.” While the Supreme Court affirmed the D.C. Circuit under a trespass theory instead, the D.C. Circuit’s astute point applies equally to video surveillance. Even if Wahchumwah permitted the undercover agent into his home, it would be extremely unlikely that Wahchumwah, or anyone else, would expect that his house guest was secretly video recording every little detail. And that meant even if Wahchumwah consented to the agent entering his house, he certainly did not consent to secret video surveillance.
Second, as Justice Sotomayor said in her concurring opinion in Jones, the fact that technology allows the government to cheaply and efficiently aggregate data in ways that were impractical in the past has the potential to “alter the relationship between citizen and government in a way that is inimical to democratic society.” While it is technically possible to follow someone for 28 days continuously, it is expensive and difficult. GPS technology now allows the government to track someone wherever they go and as long as they want, all from the comforts of the police station. A video camera does the same thing. Sure, its possible for someone to enter a house and write down everything they remembered seeing hours later when they leave the house. But a video camera is capable of aggregating an enormous amount of data that would be difficult for human senses to replicate. When a video camera secretly enters the home, it can capture things like the mail on your coffee table, the books on a shelf, or the pictures on your wall. And the whole point of a camera is to record and save for another day, allowing the government to not have to rely on the human mind’s tendency to forget. It can rewind again and again to examine every minute detail of the house.
In the past, such intensive video surveillance was reserved for serious, violent crimes. Today, its being used by Fish and Wildlife officers to investigate misdemeanors. A search warrant requirement strikes the right balance between the government’s need to investigate crime, and the public’s right to privacy — particularly in the home, the most private of all places. Hopefully, the Ninth Circuit will reverse the trial court, and eradicate this invasive warrantless surveillance once and for all.
Attached Documents
Related articles
- Ninth Circuit Upholds Immunity for Telecommunications Companies that Assisted in Warrantless Wiretapping (lawprofessors.typepad.com)
Israeli occupation authorities demolish well near Hebron
Ma’an – 02/05/2012
HEBRON – Israeli authorities demolished a water well in a village east of Hebron on Wednesday, locals said.
Officials accompanied by soldiers tore down the well belonging to Saeed Jaber in Baqaa village, residents said.
Palestinian Water Authority chief Shaddad Attili warned earlier this year that Israel was systemically destroying well and rainwater harvesting cisterns to forcibly displace Palestinian communities who depend on them for their basic water needs.
At least 25 Palestinian wells and 32 Palestinian cisterns were demolished in 2011, he said.
Last week local director of the UN’s humanitarian agency Ramesh Rajasingham said that more than 1,500 Palestinians have lost their homes as a result of demolitions and evictions since the beginning of 2011.
Palestinians can only build on one percent of the Israeli-controlled zone Area C in the West Bank, most of which is already built up, while settlements continue to expand in the same zone, the UN says.
Related articles
- The right to water: Water cistern demolitions in Hebron area (alethonews.wordpress.com)
- Israeli demolition ‘displaces 120′ in Hebron village (alethonews.wordpress.com)
- Settlers Raise Israel’s Flag On Top Of Ibrahimi Mosque (alethonews.wordpress.com)
- Israeli Soldiers Invade Homes In Hebron, Jewish Settlers Attack Young Man (alethonews.wordpress.com)
- Hebron teen ‘shot by Israeli settler’ (alethonews.wordpress.com)
- Israeli Brutality: Violent arrests of Palestinians in Hebron and disappearance of Dutch volunteer (alethonews.wordpress.com)
- Israeli occupation authority demolished 20 Palestinian homes in West Bank last week (alethonews.wordpress.com)

